School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Trade Practices, Competition and Consumer Protection Law
  • Unit Code

    LAW3221
  • Year

    2019
  • Enrolment Period

    1
  • Version

    3
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr Mostafa Mahmud NASER

Description

This unit provides an introduction to Australian trade practices, competition and consumer protection law through the provisions of the Competition and Consumer Act 2010 (Cth), the Fair Trading Act 2010 (WA), Sale of Goods Act 1895 (WA) and a review of relevant case law. The unit will examine the constitutional considerations, statutory regulation of certain conduct like the restrictive trade practices (including authorisations, notifications and clearances), unconscionable conduct and statutory provisions for consumer protection concerning unfair practices, as well as the liability of manufacturers and importers for defective goods. The concepts of misuse of market power and pricing will be introduced. Statutory remedies and defences will be considered.

Prerequisite Rule

Students must have passed LAW1100 or LAW1116.

Learning Outcomes

On completion of this unit students should be able to:

  1. Develop a practical understanding of the background and operation of key provisions in the Sale of Goods Act 1895 (WA), the Fair Trading Act 2010 (WA) and the Competition and Consumer Act 2010 (Cth).
  2. Identify and analyse competition and consumer law issues, including advocating and justifying the position of parties in relation to the various statutory remedies and penalties.
  3. Identify offending conduct, such as anti-competitive agreements, misuse of market power, unfair conduct, unconscionable conduct, exclusive dealing, cartel conduct, resale price maintenance and recent statutory reforms regarding consumer protection.
  4. Understand the principles of seeking of authorisation, the making of notifications and clearances and compliance.
  5. Understand the underpinnings of Australian trade practices, competition and consumer protection law and the role of the Australian Competition and Consumer Commission.

Unit Content

  1. Constitutional considerations and the basis for the development of consumer legislation.
  2. Consumer protection.
  3. Liability of manufacturers and importers for defective goods.
  4. Offences, enforcement, authorisations, notifications, remedies and defences.
  5. Restrictive trade practices.
  6. Selected provisions in the Sale of Goods Act.
  7. The Australian Competition and Consumer Commission and Australias national competition policy.
  8. Unconscionable conduct.

Additional Learning Experience Information

This unit will be offered on campus and in off campus modes. On-campus students will attend a weekly ecture and tutorial per week. Off campus students will access the unit via Blackboard. Regular online access is required. Students will develop their communication skills by preparing responses to and participating in tutorial discussions of problem questions relating to trade practices and consumer law issues.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial participation10%
TestMid semester test30%
ExaminationFinal examination60%
ONLINE
TypeDescriptionValue
ParticipationOnline tutorial participation10%
TestMid semester test30%
ExaminationFinal examination60%

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW3221|3|1

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Trade Practices, Competition and Consumer Protection Law
  • Unit Code

    LAW3221
  • Year

    2019
  • Enrolment Period

    2
  • Version

    4
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr Mostafa Mahmud NASER

Description

This unit provides an introduction to Australian trade practices, competition and consumer protection law through the provisions of the Competition and Consumer Act 2010 (Cth), the Fair Trading Act 2010 (WA), Sale of Goods Act 1895 (WA) and a review of relevant case law. The unit will examine the constitutional considerations, statutory regulation of certain conduct like the restrictive trade practices (including authorisations, notifications and clearances), unconscionable conduct and statutory provisions for consumer protection concerning unfair practices, as well as the liability of manufacturers and importers for defective goods. The concepts of misuse of market power and pricing will be introduced. Statutory remedies and defences will be considered.

Prerequisite Rule

Students must have passed LAW1100 or LAW1116.

Learning Outcomes

On completion of this unit students should be able to:

  1. Explain the background, policy objectives and operation of key legislations and provisions related to trade practices, competition and consumer protection.
  2. Analyse position of parties in relation to competition and consumer law issues and explore the various statutory remedies and penalties available.
  3. Apply the laws, policies and principles to solve problems simulated from real and hypothetical scenarios.
  4. Evaluate and critically analyse claims and make reasoned choices among alternatives and provide written and oral advice on a range of consumer and competition law issues.
  5. Collaborate effectively in teams to construct and communicate a written legal argument through identification of issues, analysis and application of the law.

Unit Content

  1. Constitutional considerations and the basis for the development of consumer legislation.
  2. Selected provisions in the Sale of Goods Act.
  3. The Australian Competition and Consumer Commission (ACCC) and Australia's national competition policy.
  4. General consumer protections: misleading or deceptive conduct, unconscionable conduct and unfair contract terms.
  5. Specific consumer protections: specific unfair sales techniques, consumer guarantees for goods and services and consumer agreements.
  6. Product liability and safety regulation
  7. Enforcement, remedies and defences.
  8. Anti-competitive practices and the regulations of mergers and acquisitions.

Learning Experience

Students will engage in learning experiences through ECU Blackboard as well as additional ECU learning technologies.

Additional Learning Experience Information

Online students will access the unit via Blackboard. Regular online access is required. Students will develop their communication skills by preparing responses to and participating in tutorial discussions of problem questions relating to trade practices and consumer law issues.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
TestOnline Short Answer Test10%
AssignmentOnline Assignment 20%
PresentationPresentation20%
ExaminationFinal examination50%
ONLINE
TypeDescriptionValue
TestOnline Short Answer Test10%
AssignmentOnline Assignment20%
PresentationOnline Presentation20%
ExaminationFinal examination50%

Core Reading(s)

  • Bruce, A., & Bruce, A. (2018). Australian competition law (3rd edition.). Chatswood, N.S.W: LexisNexis Butterworths. Retrieved from https://ecu.on.worldcat.org/oclc/1031366798
  • Paterson, Jeannie. (2019). Corones’ Australian Consumer Law (4th ed.). Sydney: Thomson Reuters (Professional) Australia Pty Limited. Retrieved from https://ecu.on.worldcat.org/oclc/1110483853
  • Miller, R. (2018). Miller’s Australian Competition and Consumer Law Annotated (40th ed.). Pyrmont, N.S.W: Thomson Reuters. Retrieved from https://ecu.on.worldcat.org/oclc/1012178253

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW3221|4|2