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Remedies in the Construction Context (LAWS70112)

Graduate coursework level 7Points: 12.5Dual-Delivery (Parkville)

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Overview

Availability(Quotas apply)
July - Dual-Delivery
FeesLook up fees

Construction projects produce difficult legal issues. Practitioners need to be confident in their understanding of the remedies available under various causes of action. Construction law requires a sound knowledge of relevant case law and legislation concerning diverse matters, such as damages in contract, recovery in tort for pure economic loss, penalties (including liquidated damages), quantum meruit, remedies under the Australian Consumer Law and the grant of interlocutory injunctions.

In addition to the primary lecturer, this subject harnesses the specialist expertise of guest lecturers, including leading academic lawyers, legal practitioners and judges. Their combined experience draws not only on their rigorous understanding of black letter law, but also on extensive practising careers.

Principal topics include:

  • Damages for breach of contract
  • Penalties (including liquidated damages)
  • Equitable remedies for breach of fiduciary duty
  • Proportionate liability
  • Temporary injunctions
  • Recovery in tort for pure economic loss
  • Remedies under the Australian Consumer Law
  • Quantum meruit claims

Intended learning outcomes

A student who has successfully completed this subject will:



  • Have an advanced and integrated understanding of the role and function of legal remedies in relation to construction projects
  • Have enhanced the expert and specialised cognitive and technical skills required to practise as a professional engaged with legal remedies arising from construction projects
  • Be able to critically reflect on, and be confident in working across, the interaction between the technical, commercial and legal aspects of remedies in construction procurement and disputes
  • Be able to demonstrate the analytical and communication skills required to independently investigate, examine and synthesise existing and emerging legal issues relating to remedies in the construction context.

Last updated: 12 November 2022

Eligibility and requirements

Prerequisites

Students must meet one of the following prerequisite options:

Option 1

Admission into a relevant Melbourne Law Masters program

Option 2

Admission into the MC-JURISD Juris Doctor

AND

All of

Code Name Teaching period Credit Points
LAWS50025 Torts
Semester 1 (Dual-Delivery - Parkville)
 12.5
LAWS50026 Obligations
Semester 1 (Dual-Delivery - Parkville)
 12.5
LAWS50028 Constitutional Law
Semester 2 (Dual-Delivery - Parkville)
 12.5
LAWS50029 Contracts
Semester 2 (Dual-Delivery - Parkville)
 12.5
LAWS50036 Remedies
Semester 1 (Dual-Delivery - Parkville)
November (Dual-Delivery - Parkville)
 12.5

Corequisites

None

Non-allowed subjects

None

Recommended background knowledge

This subject is not recommended for students without a law degree.

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: 12 November 2022

Assessment

DescriptionTimingPercentage

Written assessment

During the teaching period15%

Take-home examination

  • 5000 words
26 - 29 August 202285%
Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected.Throughout the teaching periodN/A

Last updated: 12 November 2022

Quotas apply to this subject

Dates & times

  • July
    Principal coordinatorWayne Jocic
    Mode of deliveryDual-Delivery (Parkville)
    Contact hoursStudents are expected to attend all sessions whether participating on-campus or remotely.
    Total time commitment150 hours
    Pre teaching start date 8 June 2022
    Pre teaching requirementsPlease 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 6 July 2022 to 12 July 2022
    Last self-enrol date13 June 2022
    Census date 7 July 2022
    Last date to withdraw without fail 5 August 2022
    Assessment period ends29 August 2022

    July contact information

    Lecturers

    Wayne Jocic (Coordinator)
    Professor Katy Barnett

    Email: 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 in' basis. Waitlists are maintained for subjects that are fully subscribed.

Students should note priority of waitlisted 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.

Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.

Last updated: 12 November 2022

Further information

  • Texts

    Prescribed texts

    Specialist materials will be made available via the LMS in the pre-teaching period.

  • Related Handbook entries

    This subject contributes to the following:

    TypeName
    CourseGraduate Diploma in Legal Studies
    CourseJuris Doctor
    CourseGraduate Diploma in Construction Law
    CourseMaster of Commercial Law
    CourseMaster of Laws
    CourseMaster of Construction Law
  • Links to additional information

    law.unimelb.edu.au

  • 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.

    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-masters@unimelb.edu.au for subject coordinator approval.

  • Available to Study Abroad and/or Study Exchange Students

    This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.

Last updated: 12 November 2022