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Consumer Law (LAWS90197)

Graduate courseworkPoints: 12.5Dual-Delivery (Parkville)

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Overview

Availability(Quotas apply)
Semester 2 - Dual-Delivery
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This subject will introduce students to the principal rights and obligations created by the Australian Consumer Law (ACL) and their equivalent in the Australian Securities and Investments Commission Act 2001 (ASIC Act). The ACL is a generic law operating Australia wide, developed to protect the interests of consumers. It was introduced in 2010 in the form of Schedule 2 of the Competition and Consumer Law 2010 although it has antecedents dating back to the State and Territory sale of goods acts and the Australian Trade Practices Act 1974.

The focus of the subject is on the current law. However, the policy and economic underpinning of the ACL are also considered, as are some of the current debates concerning consumer protection. The subject has a practical orientation, designed to assist students: as consumers - to know, understand and pursue their rights; and as lawyers to equip them to advise consumers and business suppliers of their rights and obligations and assist regulators to effectively carry out their responsibilities.

Principal topics are:

  • Consumer protection in Australia and introduction to the ACL
  • Policy objectives of the ACL and the economics of consumer protection
  • Misleading conduct and false representations
  • Unconscionable or unfair conduct, terms and practices
  • Consumer transactions
  • Product safety
  • Manufacturers’ liability
  • Financial services
  • Electronic commerce
  • Enforcement and remedies

Intended learning outcomes

On completion of this subject, students will have:

  • An integrated understanding of the following specialised topics: The relationship between the disciplines of law and economics in the context of consumer law; The policy objectives underpinning the Australian Consumer Law (ACL); The issues that arise in defining conduct that should be subject to legal regulation for consumer law purposes; The roles played by regulatory authorities and the courts in enforcing the provisions of the ACL;
  • The ability to critically assess the practical advantages and disadvantages of legal regulation of business practices and the impact on business of enforcement policies and practices;
  • A detailed understanding of the principal forms of consumer protection created by the ACL;
  • An advanced ability to undertake statutory interpretation and case analysis through the experience of construing the complex provisions of the ACL;
  • Construct and communicate a written legal argument based on understanding the facts, identifying the issues, analysing the applicable law and applying the law to the facts.

Last updated: 12 November 2022

Eligibility and requirements

Prerequisites

Admission into the MC-JURISD Juris Doctor

AND

All of

Code Name Teaching period Credit Points
LAWS50023 Legal Method and Reasoning
Summer Term (Dual-Delivery - Parkville)
 12.5
LAWS50024 Principles of Public Law
Semester 1 (Dual-Delivery - Parkville)
 12.5
LAWS50025 Torts
Semester 1 (Dual-Delivery - Parkville)
 12.5
LAWS50026 Obligations
Semester 1 (Dual-Delivery - Parkville)
 12.5

Corequisites

None

Non-allowed subjects

None

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

4-hour take home examination

  • 3000 words
During the exam period80%

Answer to a hypothetical problem to be completed in pairs or individually

  • 2,000 words
Mid-Semester20%

Additional details

The due date of the above assessment(s) will be available to students via the Assessment Schedule on the LMS Community.

Last updated: 12 November 2022

Quotas apply to this subject

Dates & times

  • Semester 2
    CoordinatorPhilip Clarke
    Mode of deliveryDual-Delivery (Parkville)
    Contact hours
    Total time commitment144 hours
    Teaching period25 July 2022 to 23 October 2022
    Last self-enrol date 5 August 2022
    Census date31 August 2022
    Last date to withdraw without fail23 September 2022
    Assessment period ends18 November 2022

Additional delivery details

This subject has an enrolment quota of 60 students.

All timely JD elective enrolments are subject to a selection process, which the Academic Support Office will perform after the timely re-enrolment period ends. Late self-enrolment is on a first-in basis up to quota.

Please refer to the Melbourne Law School website for further information about the management of subject quotas.

Last updated: 12 November 2022

Further information

  • Texts

    Prescribed texts

    • Clarke & Erbacher, Australian Consumer Law, Law Book Co, 6th edn 2018
    • Specialist materials will be made available via the LMS.

    Recommended texts and other resources

    The following texts are not required but may be of assistance:

    • Miller, Australian Competition and Consumer Law Annotated, Law Book Co, 43rd edn 2021
    • Paterson, Corones’ Australian Consumer Law, Law Book Co, 4th edn 2019
    • Malbon & Nottage (eds) Consumer Law & Policy, The Federation Press, 2013
  • 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

    Contact law-admissions@unimelb.edu.au for more information.

  • 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