Residential Construction Law (LAWS70329)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
Contact information
November
Teaching staff:
Matthew Bell (Subject Coordinator)
Judge Suzanne Kirton
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | November |
|---|---|
| Fees | Look up fees |
Every year, about half of the value of construction activity in Australia relates to the construction and renovation of dwellings. The law relating to this activity is complex and multi-layered, involving difficult policy questions and significant statutory and regulatory intervention. These impact throughout the community. Despite this, residential construction law has, until recently, received relatively little attention from the majority of construction law practitioners. This subject seeks to address this deficiency and introduce students to an evolving area of construction law in a comparative context. Its focus is on Australia (primarily Victoria) but perspectives are offered from other members of the common law family of legal systems. The subject lecturers are Dr Matthew Bell (whose recently-awarded PhD was on residential construction regulation) and Suzanne Kirton (Judge of the County Court and Vice President of VCAT, with extensive practising experience in residential construction law).
Indicative list of principal topics:
- The regulatory problem of residential construction
- Common law rights and remedies
- The legislative and regulatory response
- The contractual matrix for residential construction
- Key issues in bringing residential construction claims
- How a residential building dispute is resolved in Victoria
Intended learning outcomes
A student who has successfully completed this subject will:
- Understand in a comparative context the aims and methods of the law as it applies to the delivery of residential construction projects
- Be familiar with the interaction between private and public law in regulating the process of construction in a residential context
- Have a detailed understanding of the problems of bringing legal actions for defects in the context of residential developments
- Appreciate the impact within residential construction of special legal protection for parties treated by the law as weaker in bargaining terms
- Understand the impact and usefulness of applicable insurance and warranty schemes and their effect in ensuring quality of construction and in offering claims resolution systems
- Be familiar with the procedural, funding and management issues which impact on litigation for housing defects
- Be aware of legal and quasi-legal governmental interventions in relation to housing construction, repairs and improvements via registration and accreditation schemes
- Be able to contribute meaningfully to ongoing debates about optimal ways of dealing with these matters at a policy level.
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
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50029 | Contracts | Semester 2 (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 |
|---|---|---|
Class Participation | Throughout the teaching period | 10% |
Option 1: Take-home examination
| 12 - 15 December 2025 | 90% |
Option 2: Research paper on a topic approved by the subject coordinator
| 14 January 2026 | 90% |
| 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.
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- November
Principal coordinator Matthew Bell Mode of delivery On Campus (Parkville) Contact hours 34 Total time commitment 150 hours Pre teaching start date 13 October 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 10 November 2025 to 14 November 2025 Last self-enrol date 17 October 2025 Census date 14 November 2025 Last date to withdraw without fail 19 December 2025 Assessment period ends 23 January 2026 November contact information
Teaching staff:
Matthew Bell (Subject Coordinator)
Judge Suzanne KirtonFor 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
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025