Civil Regulatory Litigation (LAWS90204)

This subject focusses on the practice and theory of civil regulatory litigation in the Federal Court of Australia. The subject will consider the area generally, certain specific sub-areas, as well as recent legislative changes and developments in case law.

Teaching will be primarily through case studies examining different aspects of the regulatory framework, and will also include practical exercises. Through these case studies students will consider:

• the development of the regulatory “norms” that influence the current regulatory environment;
• the role of the regulators and the courts in this area of law;
• the interaction of penalty proceedings and class actions with regulatory litigation.

Principal topics will include:

• the substantive legal requirements of civil corporate behaviour;
• civil penalty proceedings and their role;
• interaction of civil penalty proceedings and class actions;
• the role of regulators;
• procedural requirements in the Federal Court of Australia