• Offered by ANU School of Legal Practice
  • ANU College ANU College of Law
  • Classification Advanced
  • Course subject Laws
  • Areas of interest Law, Legal Practice
  • Academic career PGRD
  • Course convener
    • Dalvin Chien
  • Mode of delivery Online
  • Offered in First Semester 2019
    Second Semester 2019
    See Future Offerings

Although a subset of legal drafting, commercial drafting is extremely broad, with areas like contract law, corporate law, banking and finance and intellectual property constituting well established specialisations in legal practice.

Principal topics in this online course include:
•    Drafting techniques;
•    Structure of commercial contracts;
•    Sources of ambiguity and drafting solutions; and
•    Specific contract drafting issues (e.g. dispute resolution clauses and confidentiality clauses).

A professional background in commercial law is not a pre-requisite to the course. Legal drafting covers the whole range of legal practice – an almost impossibly broad range as attempts such as Butterworths Encyclopaedia of Forms and Precedents demonstrates. A comprehensive coverage of commercial legal content areas is not possible in this course. Rather, the course covers drafting techniques and a range of particular drafting issues to prepare students for the two major assessment tasks of Document Analysis and Original Drafting.  

In addition, it is important for students to note that, although contractual interpretation/construction is relevant to much of commercial drafting, due to the practical focus of this course, we will not be providing in depth coverage on this aspect of contract law. The course will provide students with practice and feedback in solving common drafting problems, particularly in a commercial context.

 

Learning Outcomes

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

  1. Explain, critically evaluate and debate drafting techniques, evidencing research by including by reference to the latest cases (if any) and commentary on a particular issue;
  2. Explain, critically evaluate and debate particular drafting issues affecting contracts, evidencing research by including reference to the latest cases and commentary on a particular issue;
  3. Identify, analyse and critique issues in a contract in accordance with the drafting techniques and drafting issues learnt in the course; and
  4. As a capstone project, critically examine and evaluate, then independently plan and redraft a contract in accordance with a client's instructions to avoid common contract issues, and, where required, provide advice to client.

Other Information

This course is run online on WATTLE. Once enrolled logon to WATTLE using your ISIS username and password.  When available students will be able to gain access to course materials.

Indicative Assessment

  1. Indicative assessment may include: (null) [LO null]
  2. 1. Identification and analysis of drafting techniques (short researched discussion board posting) - 15% (15) [LO null]
  3. 2. Evaluation and discussion of particular drafting issues (short researched discussion board posting) — 15% (15) [LO null]
  4. 3. Document analysis and critique of draft contract — 30% (30) [LO null]
  5. 4. Original drafting of a contract in accordance with client instructions — 40% (40) [LO null]

The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.

Workload

Equivalent of 26 contact hours through Wattle.

The course comprises of four modules and will involve both assessable and non-assessable discussion forums, real-time online chats and private online dialogue with the lecturer.  There are no face-to-face classes in the course.

Inherent Requirements

Not applicable

Requisite and Incompatibility

To enrol in this course you must be studying a: Master of Laws (7300XLLM, MLLM), Master of Laws specialising in International Law (7300XSINTL), Master of Laws specialising in Law, Governance and Development (7300SLGD), Master of Laws specialising in Environmental Law (7300SEVNL), Master of Laws specialising in Government and Commercial Law (7300SGCL), Master of Laws specialising in International Security Law (7300SISL), Master of Laws in Migration (NLLML), Master of Laws in International Law (NLLIL), Master of Laws in Environmental Law (NLLEN), Master of Laws in Law, Governance & Development (NLLGD), Master of Laws in International Security Law (NLLSL), Master of Laws in Government and Regulation (NLLGR), Master of Laws (Legal Practice) (7312XLLMLP), Master of Diplomacy/Master of Laws (7883SINTL), Master of Legal Practice (MLEGP), Master of International Law (7310XMINTL), Master of Environmental Law (7309XMENVL), Master of Law, Governance & Development (7317XMLGD), Master of International Security Law (7318XMISL), Master of Government and Commercial Law (7313XMGCL); OR Juris Doctor (7330XJD, 7330HJD or MJD) and have completed or be completing five 1000 level LAWS courses or five 6100 level LAWS courses; OR Graduate Certificate of Law (CLAW) and have completed or be completing LAWS8586 Law and Legal Institutions; OR Master of Military Law (MMILL); OR Juris Doctor - online (MJDOL) and have completed LAWS8712 Australian Public Law & International Law B. Students undertaking any ANU graduate program may apply for this course. Enrolments are accepted on a case-by-case basis. Please contact the ANU College of Law for permission number.

Prescribed Texts

To be confirmed

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 $3840
International fee paying students
Year Fee
2019 $5460
Note: Please note that fee information is for current year only.

Offerings and Dates

The list of offerings for future years is indicative only

First Semester

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
4707 25 Feb 2019 04 Mar 2019 31 Mar 2019 31 May 2019 Online View

Second Semester

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
9404 22 Jul 2019 29 Jul 2019 31 Aug 2019 25 Oct 2019 Online View

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