Competition and Consumer Law - 2016

To enrol in this unit, you must be accepted into a course from the provider. Read before you start

Unit summary

OJD340

  • Level of Study: Postgraduate
  • Study load: 0.125 EFTSL
  • Delivery method: Web Dependent
  • Prerequisites: Yes
  • Duration: 12 weeks
  • Government loans available: FEE-HELP
  • Availability for 2016: Sess 2
  • Availability for 2017: Sess 2
  • Assessment: Assignment - & Discussion Board (Due Week4) (20%) , Essay - Due Week 7 (30%) - Learn more

Unit provided by

or
2016 Fees
AUD$
Domestic 4,080.00

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The restrictive trade practices provisions of the CCA adopt provisions of the superseded Trade Practices Act 1974 (C’th) (TPA) dealing with topics including; exclusive contracts, cartels, misuse of market power, exclusive dealings, resale price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 course of planning and implementing commercial transactions.

Upon successful completion of this unit you will be able to:

  1. demonstrate an advanced and integrated understanding of the legal issues under the Competition and Consumer Law Act (CCA) / Australian Consumer Law (ACL) and the role, powers and functions of the Australian Competition and Consumer Commission (ACCC) as well as the important provisions of the CCA and various legal remedies available for breaches of the legislation;
  2. critically evaluate the law relating to the CCA and ACL and the ACCC; 
  3. analyse and research complex problems relating to CCA and make reasoned and appropriate choices amongst alternatives;
  4. demonstrate sophisticated cognitive and creative skills in approaching legal issues relating to CCA and generate appropriate responses;
  5. demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions and identify, research, evaluate and synthesise relevant factual, legal and policy issues relating to CCA, ACL and the ACCC.
  • Assignment — & Discussion Board (Due Week4) (20%)
  • Essay — Due Week 7 (30%)
  • Open Book Invigilated Exam (50%)
For more information on invigilated exams see Exams and results

Recommended prerequisites

You are recommended to have completed the following unit(s) or have equivalent knowledge before starting this unit:

You normally are expected to complete Year 1 core requirements of JD.

  • Additional materials
  • Broadband access

In order to enrol in this unit, you must be accepted into one of the following courses:

Please visit the course details page and read the Requirements tab for more information about eligibility.

This unit addresses the following topics.

NumberTopic
1Introduction Economic Policy & Context
2Getting ready to start research Legislative overview
3Legislative overview (cont)
4Administration and enforcement of competition and consumer laws
5Consumer Protection
6Consumer Protection
7Defining the Market
8Anti-Competitive Conduct
9Anti-Competitive Conduct
10Transactions & Infrastructure
11Private & Public Remedies
12Problem solving

This unit is delivered using the following methods and materials:

Instructional Methods

  • Discussion Forum/Discussion Board

Online materials

  • Audio/Video - Streaming

This unit is an approved elective in the following courses:

This unit may be eligible for credit towards other courses:

  1. 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.
  2. 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 Co-Op textbook list.

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


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