Competition and Consumer Law
OJD340
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To enrol in this unit, you must be accepted into a course from the provider.
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Level of study: What does Postgraduate mean?
Postgraduate
EFTSL: What does EFTSL mean?
0.125
Delivery Method: What does delivery method mean?
Web Dependent
Prerequisites: What are the prerequisites?
Availability: What is a Session?
For enrolment (2012):- -
- Sess 2
- -
- -
- Sess 2
- -
Duration:
14 weeks
Government loans available:
FEE-HELP FEE-HELP
Fee: Fees (current and planned)
- Domestic student fee:
- $3,300.00 (AUD)
Description
This unit will introduce students to the Competition and Consumer Law Act 2010 (C’th) (the CCA) and application laws of the States and Territories.
The CCA represents the adoption of a national scheme for the regulation of restrictive trade practices and consumer law. The national scheme effectively commenced in January 2011.
The restrictive trade practices provisions of the CCA adopts certain provisions of the Trade Practices Act 1974 (C’th) (TPA) dealing with topics; exclusive contracts, cartels, misuse of market power, exclusive dealings, resale price maintenance and mergers. The consumer law provisions of the CCA, in part, adapts some provisions of the TPA dealing with misleading conduct and representations and provides for new provisions dealing with unfair contract terms and contractual guarantees.
In addition the CCA adopts certain provisions of the TPA dealing with penalties and remedies and provides for new provisions dealing with penalties, enforcement powers and consumer redress options.
Competition and consumer law has widespread application to commercial and consumer transactions and disputes and must be considered by practitioners in the unit of planning and implementing commercial transactions.
Enrolment Restriction
In order to enrol in this unit, you must be accepted into one of the following courses:
If you wish to seek approval to enrol in this unit without being accepted in a course, please contact OUA regarding the process.
Prerequisites
Mandatory co-requisites
You must either have successfully completed the following unit(s) before starting this unit, or currently be enrolled in the following unit(s); or enrol in the following unit(s) to study at the same time or prior to this unit:
If you have completed equivalent study at another university, please contact a Student Advisor for advice.
You normally are expected to complete Year 1 core requirements of JD.
Assessment
- Non-Invigilated Mid Term Exam (20%)
- Open Book Invigilated Exam (60%)
- Test (20%)
Learning Outcomes
At the completion of this unit students will be able to:
- provide an understanding of how business and marketing decisions are influenced by the laws governing the regulation of competition and the impact of consumer laws
- develop an understanding of legal issues which are of particular relevance to business professionals in advising clients and formulating business strategies
- understand the powers and functions of the Australian Competition and Consumer Commission (ACCC) restrictive trade practices, the adjudication process and the various legal remedies available for breaches of the legislation.
Students will develop the following capabilities in this unit:
Legal Discipline Knowledge:
- Knowledge and understanding of the fundamental doctrines and principles which underpin Australian consumer and competition law.
- Knowledge of the sources of consumer and competition law and how it is made and developed, and of the institutions that administer this law.
- The ability to demonstrate knowledge and understanding of a wide range of legal concepts, values, principles and rules of Australian competition and consumer law and to explain the relationship between them in a number of particular areas.
- Knowledge and understanding of comparative consumer and competition laws existing in other jurisdictions.
- An understanding of the consumer and competition law framework in which commercial lawyers operate.
Legal Research:
- Identify and find relevant consumer and competition legal sources and materials.
- Extract the essential points from those legal sources and materials.
- Apply consumer and competition law to the facts of the problem so as to produce satisfactory answers to the questions posed.
- Communicate the reasons for those answers, both orally and in writing, making use of the legal sources and materials, appropriately to the needs of a variety of audiences.
Professional Practice:
- Use the English language and consumer and competition law terminology with care and accuracy.
- Interview and advise clients effectively.
- Give effective and persuasive presentations.
Topics
A week-by-week guide to the topics you will explore in this unit will be provided in your study materials.
Study Resources
Each unit offered through OUA provides students with unit information that includes assessment topics and due dates, policy information and contact numbers for university support and academic staff. Study materials will also clearly outline each week's topic, readings, student activities and the format of all assessment.
Textbooks are subject to change within the academic year. Students are advised to purchase their books no earlier than one to two months before the start of a unit.
Click on the titles of the listed books below to find out more:
Required textbooks
Competition Law - Cases and Materials Ed.3
By:Duns John
ISBN: -
Format:Print
Supplier:Go to Unibooks
Miller's Australian Competition and Consumer Law Annotated Ed.33
By:Miller Russell V.
ISBN: -
Format:Print
Supplier:Go to Unibooks
Recommended textbooks
BAA - Annotated Competition and Consumer Act 2010
By:Steinwall Ray
ISBN: -
Format:Print
Supplier:Go to Unibooks
Relevant Courses
This unit is a core requirement in the following courses:
This unit may be eligible for credit towards other courses:
- Many undergraduate courses on offer through OUA include 'open elective' where any OUA unit can be credited to the course. You need to check the Award Requirements on the course page for the number of allowed open electives and any level limitations.
- In other cases, the content of this unit might be relevant to a course on offer through OUA or elsewhere. In order to receive credit for this unit in the course you will need to supply the provider institution with a copy of the Unit Profile in the approved format, which you can download here. Note that the Unit Profile is set at the start of the year, and if textbooks change this may not match the Unibooks textbook list.
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