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Consumer Protection Law - JURD7337
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Faculty: Faculty of Law
 
 
School:  Faculty 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:
 
 
36 UOC completed in Juris Doctor Program (9150)
 
 
Excluded: LAWS3137
 
 
CSS Contribution Charge:Band 3 (more info)
 
 
Tuition Fee:See Tuition Fee Schedule
 
 
Further Information: See Class Timetable
 
 

Description

The Australian Consumer Law (ACL) is contained in the Competition and Consumer Act, and operates as a law of the Commonwealth, and as a law of each of the states and territories by separate State and Territory application legislation. It containes the former Trade Practices Act Consumer Protection provisions as well as new laws on unfair contract terms, product safety, consumer guarantees law, lay-by sales, unsolicited selling, and new penalties & enforcement powers for the ACCC and state & territory agencies. These laws are now consistent across all jurisdictions, and enforceable in each. Many concepts from the former Trade Practices Act are still relevant, and although some have been redrafted to comply with newer style this is not intended to alter their legal effect.


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:
  • Discuss the theory and process behind the ACL.
  • Understand the scope of the prohibition on misleading or deceptive conduct.
  • Determine the application of the ACL to particular conduct.
  • Understand the roles of the ACCC and other regulators and powers they have to investigate and enforce.
  • Understand the remedies available to private litigants.
  • By participation in class and completion of written examinations, develop communication skills in arguing a case for a consumer or business under the ACL.
  • 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.
  • The consumer protection provisions of the ACL.
  • Detailed consideration of misleading or deceptive conduct.
  • Misrepresentation.
  • Other unfair trade practices.
  • Unconscionable and unfair conduct.
  • Product liability.
  • Consumer guarantees.
  • Lay-by sales.
  • Enforcement, penalties and remedies.
  • Consumer claims processes.

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

  • Corones, The Australian Consumer Law, Lawbook Co, 2011.
  • The Australian Consumer Law, in Competition and Consumer Law Volumes by Lawbook Company or Butterworths.

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.