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Consumer Protection Law - JURD7337
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Faculty: Faculty of Law
 
 
School:  School of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS1001 and LAWS1011; Corequisite: LAWS2311.
 
 
Excluded: LAWS3137
 
 
Fee Band:   (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This course provides a detailed consideration of areas relevant to the operation of consumer protection law in Australia. Australia's consumer protection law is primarily contained in Parts IVA, IVB, V and VA of the Trade Practices Act 1974 (Cth) ("TPA"), and the mirror state Fair Trading Acts ("FTA"). The course will also consider other relevant State statutes and procedures. The course focuses on Australian law, but also refers to important comparative decisions of other courts where relevant.


Recommended Prior Knowledge

There is no pre-requisite for this course, however the course has a relationship with other subjects such as Contracts, Trade Practices Law and Commercial and Consumer Sales.

Course Objectives

At the conclusion of the course you should be able to:
  • Understand the need for consumer protection laws
  • Discuss the theory behind and the law relating to the different concepts and definitions of "consumer"
  • Understand the scope of the prohibition on misleading or deceptive conduct
  • Determine the application of consumer protection laws to particular conduct
  • Understand the relationship between the different laws relating to consumer protection
  • Determine the best legal approach to dealing with particular conduct
  • Understand the role of the ACCC and the powers which it has under the TPA to enforce
  • Prepare a strategic response to ACCC action against your client
  • Understand the remedies available to private litigants and when they might apply
  • By participation in class and completion of written examinations, develop communication skills in arguing a case for a consumer or a business in relation to the TPA and other relevant laws
Once you have successfully completed the course you will have an understanding of the various areas of law. You will be able to apply the law to factual situations and understand how it applies to corporations on a day to day basis.

Main Topics

The course covers topics such as:
  • The theory behind consumer protection laws, including various concepts of "consumer"
  • The consumer protection provisions of the TPA
  • Detailed consideration of misleading or deceptive conduct
  • Misrepresentation under the TPA
  • Other unfair trade practices such as pyramid selling, debt collection practices, bait advertising
  • Regulation of financial products and services
  • Unconscionable and unfair conduct
  • Codes of conduct
  • Product liability
  • Enforcement and remedies under the TPA
  • Consumer credit
  • Packaging and labelling
  • Occupational licensing
  • Advertising self regulation
  • Consumer claims processes
  • Impact of other laws on contract and tort

Assessment

Optional class participation 10% (optional)
Compulsory mid-session examination 50% (45% if class participation also chosen)
Compulsory final examination 50% (45% if class participation also chosen)
 

Course Texts

Prescribed

  • Clarke and Corones, Consumer Protection and Product Liability Law Commentary and Materials, Lawbook Co, 2nd Edition 2002 ("C & C")
  • Extracts from the Trade Practices Act 1974. Published by CCH, and in annotated versions by Law Book Company, 2006 (Steinwall) or Butterworths, 2006 (Miller)

Recommended
Refer to Course Outline provided by lecturer.

Resources

Refer to Course Outline provided by lecturer.

URL for this page:

© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.