Commercial Law in Practice (LAWS90059)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
Semester 1
Teaching staff:
Hal Bolitho (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | Semester 1 |
|---|---|
| Fees | Look up fees |
This subject will examine, from an advanced and specialist point of view, the rules, principles and practices of commercial law. An underlying theme will be the way in which the different academic categories of law blend and interact in the commercial world.
Indicative list of principal topics:
- the legal building blocks of commercial law – for example sale of goods, loans, guarantees, hire;
- the commercial transfer of assets – for example sale of goods, assignment of contractual rights and novation;
- common commercial contract clauses and their significance; Standard and alternative financing techniques;
- issues of substance and form in commercial transactions, including the Personal Property Securities Act;
- practical aspects of executing commercial transactions; and
- how corporate insolvency influences the structure of commercial transactions.
This subject aims to equip students with an expert knowledge of the major areas of law within the field as well as integrating new practical skills, including those involved in planning a transaction, reviewing documents, assessing the interplay and implications of common law and statutory regimes.
Within the various topics, students will also consider a comparative law analysis.
Intended learning outcomes
Students who successfully complete this subject will have developed a solid grounding in the building blocks of commercial law and will understand the various competing interests and issues that drive the way in which commercial transactions are structured and implemented.
Students will also gain experience in how case law, legislation, contractual terms, regulator guidance and commentary, and legal market practice can combine to influence the terms and structuring of commercial transactions. In particular, students will:
- have training in areas they will encounter in commercial legal practice in Australia, including in identifying legal and commercial risk and drafting and critiquing complex commercial documents;
- understand the interplay of commercial, legal and regulatory considerations involved in assessing the issues and risks in a commercial transaction;
- have a detailed understanding of financing and commercial structuring techniques that are used not just in Australia but in the international commercial markets generally; and
- learn how to analyse case law, regulator guidance and commentary, and market practice.
Generic skills
On completion of the subject students should have developed and demonstrated their skills as follows:
- Cognitive skills to demonstrate mastery of theoretical knowledge and to apply that knowledge (including core legal principles and concepts studied in compulsory JD subjects) in the context of the practice of commercial law;
- Specialist understanding, interpretation, critical reflection and synthesis of legislation and cases relating to commercial law in Australia;
- Technical skills in relation to designing and analysing complex legal structures and issues, as well as communication skills in relation to advising legal and non-legal audiences on such structures and issues, as demonstrated in the interim assessment task;
- Technical skills in relation to analysing the elements and competing legal and commercial imperatives in complex commercial transactions, as demonstrated in the problem-solving exercises in the examination; and
- Communication skills effective for the delivery of complex concepts to a diversity of specialist and non-specialist audiences.
Last updated: 4 March 2025
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 |
| LAWS50025 | Torts | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
| LAWS50030 | Property | Semester 1 (On Campus - 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: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Written advice / transaction review
| During the teaching period | 40% |
Final examination, open book
| During the examination period | 60% |
Additional details
The due dates of interim assessment will be made available to students on the Assessment Schedule on the Juris Doctor Canvas LMS Community. Note, these are updated regularly.
The timing of centrally managed final examinations can be found when the exam timetable is made available.
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- Semester 1
Principal coordinator Hal Bolitho Mode of delivery On Campus (Parkville) Contact hours 36 Total time commitment 150 hours Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 3 March 2025 to 1 June 2025 Last self-enrol date 14 March 2025 Census date 31 March 2025 Last date to withdraw without fail 9 May 2025 Assessment period ends 27 June 2025 Semester 1 contact information
Teaching staff:
Hal Bolitho (Subject Coordinator)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
This subject has an enrolment quota. Please refer to the Juris Doctor enrolment webpage for further information about re-enrolment and subject quotas. Melbourne Law School may reserve places in a subject for inbound study abroad and exchange students.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
- Links to additional information
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025