Year

2024

Credit points

10

Campus offering

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  • Term Mode
  • Semester 2Online Scheduled

Prerequisites

LAWS104 Foundations of Law and Legal Research AND LAWS105 Contract Law

Teaching organisation

4 hours per week for twelve weeks or equivalent.

Unit rationale, description and aim

This level four unit contributes to the development of:

  • advanced theoretical and technical knowledge in the field of Administrative Law
  • advanced, cognitive, technical and communication skills and the ability to apply these to complex Administrative law problems
  • advanced research and writing skills
This unit explains the rationale for consumer protection as well as the content and operation of the Australian Consumer Law (other than Part 2-1 and Part 3-1, Division 1) and certain related areas. Its focus is on the law relating to the protection of consumers and others from being exploited by persons in a dominant position (duress, undue influence, unfair contract terms and unconscionable conduct) unfair business practices, statutory protection in consumer transactions, product safety and consumer rights and remedies.

Learning outcomes

To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.

Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.

Explore the graduate capabilities.

Learning Outcome NumberLearning Outcome DescriptionRelevant Graduate Capabilities
LO1Outline the theory and economics considerations relating to consumer protectionGC1, GC2, GC8
LO2Describe and critically evaluate the approach taken to consumer protection in AustraliaGC1, GC7, GC8
LO3Describe and critically evaluate the provisions of the ACL dealing with abuse of a dominant position, unfair business practices, product safety, consumer guarantees, manufacturers' liabilityGC8, GC11
LO4Describe and critically evaluate the criminal provisions of the ACL and the rights and remedies of consumersGC7, GC8

Content

Topics will include:  

 

  1. Why the need for consumer protection? 
  2. The limitations of the common law in relation to consumer protection 
  3. Misleading and Deceptive Conduct 
  4. Statutory Unconscionability. 
  5. Unfair Contract Terms 
  6. Consumer guarantees 
  7. Product safety  
  8. Consumer rights and remedies 

Learning and teaching strategy and rationale

Mode: Lectures, tutorials, electronic consultation, library tasks and presentations or Online lectures and activities.  

 

Duration: 3 hours per week over 12 weeks or equivalent.  Students are expected to spend 150 hours in total for this unit. 

 

This level four elective unit allows students to demonstrate knowledge, skills and understanding in a specialist area of law using more advanced research skills.  

 

Our strategy is to encourage students to creatively engage with unit content and to practice advanced research skills. 

 

The unit is designed to be delivered in intensive, weekly or online. We have taken a multimodal learning approach to provide accessibility and flexibility to our students and a student-focused approach that increases depth of learning and engagement through actively utilising Canvas.   

Assessment strategy and rationale

The assessment strategy is designed to assess knowledge, skills and understanding in a specialist area of law, and to develop research capacity.  

 

The assessment tasks for this unit are designed to demonstrate achievement of each of the learning outcomes listed.  

 

The number and weighting of the assessments has been approved in accordance with 5.2 of the ACU Assessment Policy. 

Overview of assessments

Brief Description of Kind and Purpose of Assessment TasksWeightingLearning OutcomesGraduate Capabilities

Research essay: Students to demonstrate their ability to research assigned topic and critically evaluate legal systems and laws

50%

LO1, LO2, LO3GC1, GC2, GC7, GC8, GC11

Final Assignment: The Final Assignment requires students to answer hypothetical problems and short answer questions that will be based on the material presented in lectures and tutorials.

50%

LO3, LO4GC7, GC8, GC11

Representative texts and references

Bruce, Alex, Consumer Protection in Australia (4 Ed, LexisNexis, 2022)

Coorey, Adrian, Australian Consumer Law - The Comprehensive Guide (Jurisprudentia, 2021)

Corones, Stephen, The Australian Consumer Law (5 Ed, Lawbook Co, 2023)

Erbackher, Sharon and Clarke, Philip, Australian Consumer Law: Commentary and Materials (Lawbook Co, 2022)

Lockhart, Colin, The Law of Misleading or Deceptive Conduct (LexisNexis, 2023)

Miller, Russell, Miller's Australian Competition and Consumer Law Annotated (Thomson Reuters, 2024)

Steinwall, Ray, Annotated Competition and Consumer Legislation (LexisNexis, 2024)

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