Advanced Commercial Law: Current Issues (LAWS70336)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
About this subject
Contact information
August
Lecturers
Professor Ben McFarlane, Coordinator
Professor Paul Davies
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
| Availability(Quotas apply) | August |
|---|---|
| Fees | Look up fees |
This subject will be delivered online in 2020 over the scheduled dates.
The subject considers key legal concepts employed in commercial law and the practical role they play in solving commercial disputes. Our focus is on key structures and relationships used in commercial transactions, and the question of how such structures and relationships may affect third parties. As commercial parties often need to decide what legal structure to adopt in a relationship, we consider and compare the differing legal consequences of different types of commercial transactions, looking at their effect on both contracting parties and third parties. In doing so, we look at how key conceptual building blocks of commercial law (such as agency; trusts; sale; assignment; and security) are applied in practice. Given the international nature of much commercial law, and the important ongoing influence of shared common law concepts, we consider both Australian and English materials.
The syllabus remains flexible to ensure that our focus is on recent developments and topics of current interest. In 2020, the core topics studied will be: (i) agency: its internal and external aspects; (ii) trusts and their use in commercial transactions; (iii) sale and the effect of passing property; (iv) assignment of contractual rights and the practical effects of non-assignment clauses; (v) the operation of good faith in commercial relationships. Broader themes to be discussed include: (i) the effects of different transactions on third parties, including the limits placed by the law on the parties’ freedom to determine such effects; (ii) the interaction of common law, equity and statute in commercial contexts.
Students taking this subject will be assumed to have a basic knowledge of the principles of contract law, property law, equity and trusts, as applied in Australia or other legal jurisdictions.
Principal topics:
- Agency: internal and external aspects
- The use of trusts in commercial relationships
- Sale and the effect of passing property
- The transfer and protection of intangible commercial rights, including assignment of choses in action
- The role of good faith in commercial transactions
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the role played by legal concepts in structuring commercial transactions
- Be able to examine, analyse and assess the effectiveness of legal rules applicable to commercial transactions
- Be an engaged participant in debate regarding the operation and effectiveness of those legal rules and be able to make an informed contribution to debate about the reform of commercial law
- Have a sophisticated appreciation of the considerations driving the development of the law in this field
- Have the communication skills to articulate and convey complex information regarding the relevant legal principles and the authorities on which the principles are based to relevant specialist and non-specialist audiences
- Have the cognitive and technical skills to be able to solve complex legal problems occurring in commercial practice.
Last updated: 30 October 2023
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: Prior study in contract, trust and equity is required.
JD Students: Not available for JD students in 2020: Successful completion of all the below subjects:
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
| LAWS50036 | Remedies |
Semester 1 (On Campus - Parkville)
November (On Campus - Parkville)
|
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 30 October 2023
Assessment
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
| Description | Timing | Percentage |
|---|---|---|
Option 1: Take home examination
| 2 - 5 October | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 18 November | 100% |
| Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online. | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 30 October 2023
Quotas apply to this subject
Dates & times
- August
Principal coordinator Ben McFarlane Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 27 July 2020 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 24 August 2020 to 28 August 2020 Last self-enrol date 31 July 2020 Census date 25 August 2020 Last date to withdraw without fail 12 October 2020 Assessment period ends 18 November 2020 August contact information
Lecturers
Professor Ben McFarlane, Coordinator
Professor Paul DaviesEmail: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 30 October 2023
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor Course Master of Private Law Course Master of Commercial Law Course Master of Laws Course Graduate Diploma in Legal Studies - Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
Last updated: 30 October 2023