Consumer Law (LAWS90197)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
Semester 2
Teaching staff:
Philip Clarke (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | Semester 2 |
|---|---|
| Fees | Look up fees |
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.
Indicative list of principal topics:
- Consumer protection in Australia and introduction to the ACL
- Policy objectives of the ACL and the economics of consumer protection
- Misleading or deceptive conduct
- False or misleading representations
- Unconscionable conduct
- Unfair contract terms
- The consumer guarantees regime
- Consumer transactions
- Product safety
- Manufacturers’ liability
- 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: 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 |
| LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50025 | Torts | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50026 | Obligations | 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 |
|---|---|---|
Exam
| During the examination period | 80% |
Multiple choice take-home test
| Mid-Semester | 20% |
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 2
Principal coordinator Philip Clarke Mode of delivery On Campus (Parkville) Contact hours 1 x 3hr Seminar each week 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 28 July 2025 to 26 October 2025 Last self-enrol date 8 August 2025 Census date 1 September 2025 Last date to withdraw without fail 26 September 2025 Assessment period ends 21 November 2025 Semester 2 contact information
Teaching staff:
Philip Clarke (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
Prescribed texts
- Clarke & Erbacher, Australian Consumer Law, Law Book Co, 7th edn 2022;
Close to the teaching period, students will be advised about other specialist reading materials. Make sure to check Canvas LMS in the lead-up to the study period.
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, 45rd edn 2023
- Paterson, Corones’ Australian Consumer Law, Law Book Co, 5th edn 2023
- Malbon & Nottage (eds) Consumer Law & Policy, The Federation Press, 2013
- Related Handbook entries
- 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