Postgraduate RMI-OJD340-2019

Competition and Consumer Law

Immerse yourself in the Competition and Consumer Law Act, Australian consumer law and the role, powers and functions of the Australian Competition and Consumer Commission. Evaluate various legal remedies available for breaches of the legislation.

2019

Student rating

4.25

Study method

Online and other materials

Available loans

FEE-HELP

Assessments

Subjects may require attendance

Prior study

Not required

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Subject details

What you'll learn

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

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
critically evaluate the law relating to the CCA and ACL and the ACCC
analyse and research complex problems relating to CCA and make reasoned and appropriate choices amongst alternatives
demonstrate sophisticated cognitive and creative skills in approaching legal issues relating to CCA and generate appropriate responses
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.

Topics covered

- Introduction to the course & Economic Policy & Context
- Legislative overview & Constitutional framework
- Administration and enforcement of competition and consumer laws / Private & Public Remedies
- Consumer Protection
- Defining the Market
- Anti-Competitive Conduct
- Access
- Preventing Monopolies & Oligarchies
Study resources
- Instructional methods
  - Discussion forum/Discussion Board
- Online materials
  - Audio-Video streaming

Entry requirements

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

Others

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

Special requirements

No special requirements

Description

This subject 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 degree of planning and implementing commercial transactions.

Assessments

Research Report (30%)
Online Interactive Assignmet (20%)
Open Book Invigilated Exam (50%)

Textbooks