Remedies in the Construction Context (LAWS70112)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
Contact information
July
Teaching Staff:
Wayne Jocic (Subject Coordinator)
Professor Katy Barnett
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | July |
|---|---|
| Fees | Look up fees |
Construction projects produce difficult legal questions about remedies. Practitioners need to be confident in their understanding of the remedies available under many causes of action. This understanding is greatly beneficial in construction disputes, but also in the negotiation and drafting of construction contracts. The lecturers’ experience draws not only on their rigorous understanding of black letter law, but also on extensive practising careers.
Indicative list of principal topics:
- Damages for breach of contract (including for defective work)
- Penalties (including liquidated damages)
- Remedies under the Australian Consumer Law
- Quantum meruit claims
- Remedies for proprietary torts
- Equitable remedies for breach of fiduciary duty
- Temporary injunctions
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- examine and explain the role and function of legal remedies in relation to construction projects
- 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
- independently investigate, examine and synthesise existing and emerging legal issues relating to remedies in the construction context.
Last updated: 4 March 2025
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 (On Campus - Parkville) |
12.5 |
| LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
| 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 taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers.
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: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Written assessment
| During the teaching period | 15% |
Option 1: Take-home examination
| 29 August - 1 September 2025 | 85% |
Option 2: Research paper on a topic approved by the subject coordinator
| 17 September 2025 | 85% |
| Hurdle requirement: A minimum of 75% attendance. | 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: 4 March 2025
Quotas apply to this subject
Dates & times
- July
Principal coordinator Wayne Jocic Coordinator Katy Barnett Mode of delivery On Campus (Parkville) Contact hours 34 Total time commitment 150 hours Pre teaching start date 11 June 2025 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 9 July 2025 to 15 July 2025 Last self-enrol date 16 June 2025 Census date 11 July 2025 Last date to withdraw without fail 22 August 2025 Assessment period ends 26 September 2025 July contact information
Teaching Staff:
Wayne Jocic (Subject Coordinator)
Professor Katy Barnett
For current student enquiries, contact the Law School Academic Support Office
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, 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: 4 March 2025
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Construction Law Course Master of Commercial Law Course Graduate Diploma in Construction Law Course Master of Laws Course Graduate Diploma in Laws Course Juris Doctor - 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 subject coordinator approval is required, or for further information about Community Access Program study, please contact us
(enquiries for current students | enquiries for prospective students).
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025