• Offered by ANU Law School
  • ANU College ANU College of Law
  • Course subject Laws
  • Areas of interest Law
  • Academic career UGRD
  • Course convener
    • Dr Alexander Bruce
  • Mode of delivery In Person
  • Offered in First Semester 2019
    See Future Offerings

This course investigates the new Australian Consumer Law (“the ACL”) regime that became effective on 1 January 2011.  The Trade Practices Amendment (Australian Consumer Law) No 2 Act 2010 (Cth) introduced a comprehensive national consumer protection and product liability law regime.  The variety of consumer protection statutes throughout Australia such as the Fair Trading Acts and Door to Door Sales Acts were entirely replaced by the ACL.

In particular, the former Trade Practices Act 1974 (Cth) was replaced by the Competition and Consumer Act 2010 (Cth) (“the CCA”) that contains the ACL.  Accordingly, the CCA, the ACL and the various State and Territory application legislation are now the principal sources of consumer protection and product liability law throughout Australia.

The object of this elective is to introduce the Australian Consumer Law as it is applied as a law of the Commonwealth and as a law of the States and Territories.  This will involve a consideration of the role and function of consumer protection and product liability laws as part of Australia's National Competition Policy, misleading and deceptive conduct and its most common forms including silence, comparative advertising, passing off, sale of businesses, breach of contract and franchising industry issues, various forms of false conduct, "special" areas of consumer concern such as pyramid selling and false claims for payments, conditions and warranties implied into consumer contracts by the ACL including the status of ‘No Refund' policies, unconscionable conduct, Industry Codes of Conduct with an examination of the franchising industry, product liability, remedies under the CCA including damages, injunctions and other orders and enforcement of the Consumer Protection and Product Liability provisions of the CCA by the Australian Competition and Consumer Commission.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

  1. define, describe and apply in a coherent fashion an advanced knowledge of the Australian Consumer Law ("ACL") as an integral component of National Competition Policy, including the ACL's specific consumer protection provision in providing solutions to complex problems with intellectual independence;
  2. define, describe and apply in a coherent fashion an advanced knowledge of product safety and defective product provisions in the ACL to provide solutions to complex problems with intellectual independence;
  3. explain and apply complex statutory provisions within the ACL specifically and as part of the Competition and Consumer Act 2010 (Cth) ("CCA"), including analysing and applying relevant case law;
  4. synthesise and communicate a clear and coherent body of knowledge of consumer protection and product liability law in ways that can be comprehended by peers and the course lecturer;
  5. plan and complete a research project involving consumer protection and product liability law, with some independence.

Indicative Assessment

  1. Exam (50) [LO null]
  2. Research essay (50) [LO null]

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Workload

Three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course.

Inherent Requirements

Not applicable

Requisite and Incompatibility

To enrol in this course you must be studying a: Bachelor of Laws (LLB, LLB(H)), have completed or be completing five 1000 level LAWS courses and have completed LAWS1204 Contracts; OR Juris Doctor (7330XJD, 7330HJD or MJD), have completed or be completing five 1000 or 6100 level LAWS courses and have completed LAWS1204/LAWS6104 Contracts; OR Juris Doctor - online (MJDOL) and have completed LAWS8712 Australian Public Law and International Law B. You are not able to enrol in this course if you have previously completed LAWS8459 Consumer Protection and Product Liability Law.

Prescribed Texts

Please see course Wattle Site

Fees

Tuition fees are for the academic year indicated at the top of the page.  

If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.

Student Contribution Band:
3
Unit value:
6 units

If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees.  Where there is a unit range displayed for this course, not all unit options below may be available.

Units EFTSL
6.00 0.12500
Domestic fee paying students
Year Fee
2019 $3660
International fee paying students
Year Fee
2019 $5160
Note: Please note that fee information is for current year only.

Offerings, Dates and Class Summary Links

The list of offerings for future years is indicative only.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.

First Semester

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
4572 25 Feb 2019 04 Mar 2019 31 Mar 2019 31 May 2019 In Person View

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