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Regulation, Litigation and Enforcement - JURD7364

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: 2

Enrolment Requirements:

Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.

Excluded: LAWS8064

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

The effective regulation of areas such as competition law, securities, financial services and taxation requires the availability and use of enforcement techniques, including litigation. This course examines the procedural aspects of litigation in the regulatory context. The course addresses litigation issues common to all regulatory schemes such pre-litigation processes which are characterised by a regulator’s investigation and information gathering powers and criminal law aspects of regulatory litigation. Three different regulatory schemes and their regulator (Competition Law/ACCC, Securities Law/ASIC and Tax Law/ATO) are then examined from the perspective of enforcement and litigation.

Recommended Prior Knowledge

None

Course Objectives

A candidate who has successfully completed this course should be able to:

understand the role of enforcement through litigation in regulation
be familiar with regulator investigation and information-gathering powers
understand the differences and complexities associated with regulatory litigation such as the use of expert evidence, role of pleadings and unique remedies available to a regulator
comprehend the role of criminal proceedings in regulation

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