Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Susan Carter
Contact via susan.carter@mq.edu.au
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
(6cp in LAW or LAWS units at 300 level and (LAWS256 or LAW456 or LAW406)) or (39cp including BUSL250 and BUSL301)
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
This unit explores the Competition and Consumer Act 2010 (Cth) , which contains Australia's national competition law and consumer protection law. The unit investigates both topics, by reference to different policy frameworks, including Australia's National Competition Policy and the Australian Consumer Law. Considerable time is spent reading and interpreting statutes and on the administration of schemes of government regulation.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Name | Weighting | Due |
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Class Test | 20% | Week Four/OCS |
Assignment | 30% | 28/4/14 at 5 p.m. |
Take home | 50% | 13/6/14 at 5 p.m. |
Due: Week Four/OCS
Weighting: 20%
The Class Test will be of 50 minutes duration and consist of one problem question about an aspect of competition law. Students may bring a copy of the legislation and one A4 page of their own notes (front and back, at least 10 point font), but no other materials. Students should also bring their own paper to complete the task.
Due: 28/4/14 at 5 p.m.
Weighting: 30%
LAW 478
SEMESTER ONE 2014 - ASSIGNMENT
INSTRUCTIONS
This assignment should aim to provide an integrated discussion of the issues raised, well supported by appropriate legal references. Your work should not be presented in point form, and all standard conventions of grammar and spelling should be observed.
Referencing – Should be in accordance with AGLC 3
Format – Please present your work in essay format, no smaller than 12 point font. Headings are sub-headings may be used as appropriate to assist in the clear structure of your argument.
Submission – All assignments are to be submitted through the Turnitin portal on the ilearn webpage by 5p.m. on 28th April.
Extensions
Extensions will not normally be available as students have eight weeks from the start of Semester, including the entire Mid-session break to complete this task and should plan accordingly. Last minute illness or misadventure is unlikely to meet the requirements for special consideration. Please see the general instructions in the Unit Guide
Late Submission
Law School Policy is late submissions will not be marked and will be given zero, unless prior dispensation has been sought and received in accordance with the special consideration policy.
'day' means 5.01 p.m to 5 p.m. the next day.
Grading Criteria – please refer to Unit Guide
Word limit – 2,000 words – excluding references. (Note: references are excluded, not footnotes. If footnotes contain argument they will be included in the word limit.) Penalties apply for exceeding the word limit.
Weight - 30%
THE ASSIGNMENT
Read the article by Brent Fisse article Misleading, Deceptive and Bankrupt: The Second Reading Speech on the Competition and Consumer Amendment Bill (No 1) 2011 available at http://www.brentfisse.com/images/Fisse_Misleading_deceptive_and_bankrupt.pdf and Part IV Division 1A Competition and Consumer Act 2010 (Cth)(‘the price signalling legislation’). Research and consider the stated policy objectives of the price signalling legislation.
Outline the price signalling legislation and then discuss the following:
· Do you believe that the price signalling legislation achieves the government’s stated objectives?
· One of the criticisms made by Fisse and other commentators is that while cartel prohibitions focus on concerted action, these provisions focus on unilateral action. Is this criticism of the legislation valid?
· Why was this legislation addressed to the Banking sector? Should it have been addressed to the retail Petrol sector?
· Fisse discusses the attitude of the ACCC and its chair and considers that this is a relevant consideration. What is the role of the ACCC in developing new legislation? Are their views definitive?
· Materials such as the Second Reading Speech may be used to interpret legislation, subject to meeting the relevant tests at either the common law or s15AB Acts Interpretation Act 1901 (Cth). Does Fisse’s critique affect the use of the Second Reading Speech in the interpretation of the legislation?
Due: 13/6/14 at 5 p.m.
Weighting: 50%
The take home will consist of one hypothetical problem question which may raise any issues discussed in the course.
Word length: 3000 words.
Footnotes: As this is an exam there is no need for footnotes. However all cases and legislation should be referenced in appropriate exam style (that is short name, no need for full citation), and if footnotes are included they will be counted in the word length.
Release date: the Take home will be released on the Unit web site on Monday 9th June
Students will have one week to complete the exam. This is not an indication of the length or complexity of the exam - if students are well prepared they should be able to complete the exam in 4-5 hours. The extended time period allows students to plan the completion of this exam around their other commitments. This should obviate the need for any requests for extensions - which are unlikely to be given.
DELIVERY
Students are expected to attend one two hour lecture and one tutorial each week.
Lectures begin in week one, tutorials commence in week two.
Lectures are also available on ilecture, but students are reminded that if they have not either attended a lecture or completed the ilecture prior to the tutorial they will not understand the tutorial discussion, will not benefit from it, and will not be able to participate in the discussion.
Students are encouraged to check the unit webpage regularly, which can be accessed through http://ilearn.mq.edu.au Unit materials, including tutorial questions, are available through the unit webpage.
The assignment and the take home exam are to e submitted using the turnitin portal on the unit webpage.
PC and internet access are required, as are basic computer and word processing skills.
· Bruce Alex, Restrictive Trade Practices Law, 2nd edition (LexisNexis, 2013)
· Bruce Alex, Consumer Protection Law 2nd edition (LexisNexis, 2014)
RECOMMENDED READING
Corones S G, Competition Law in Australia, 5th ed, Law Book Co, 2010
Useful websites
· Australian Competition and Consumer Commission www.accc.gov.au
· Australian Federal government consumer site www.consumer.gov.au
· Australian Productivity Commission www.pc.gov.au
· Consumers Federation www.consumersfederation.com
· Home Page of Recalled Items www.recalls.gov.au
· Ministerial Council on Consumer Affairs www.consumer.gov.au
· New Zealand Consumer Affairs www.consumeraffairs.govt.nz/productsafety/
· Office of Fair Trading New South Wales www.fairtrading.nsw.gov.au
· Standards Australia www.standards.org.au
GRADING CRITERIA FOR INDIVIDUAL ASSESSMENTS
FAIL (49% AND BELOW)
- does not answer question;
- few if any identifiable arguments;
- inappropriate and/or irrelevant content;
- plagiarism, use of other students’ work, ‘recycling’ own work from other units;
- difficult to read and/or understand through poor grammar, spelling, expression or structure.
PASS (50% - 64%)
- attempts to answer question, but does not answer the entire question, or follow through with reasoned argument;
- does not demonstrate engagement with the issues;
- descriptive summary of material relevant to question;
- superficial use of material and tendency to paraphrase and/or quote heavily;
- minimal analysis and evaluation;
- adequate expression.
CREDIT (65%-74%)
- mostly answers the question;
- contains no significant errors and covers relevant issues fairly well;
- articulates own argument including critical evaluation of the issues;
- good use of material relevant to question;
- has clear structure and clear expression
DISTINCTION (75%-84%)
- completely answers the question;
- articulates own argument including critical evaluation of the issues;
- excellent use of material relevant to question;
- excellent expression and free from errors
HIGH DISTINCTION (85% and above)
- satisfies all the criteria for a Distinction; and
- contains striking originality in analysis;
- innovative use of material relevant to the question;
- exceptionally well written and exceptionally well-structured.
FAIL (49% AND BELOW)
- fails to identify and discuss relevant issues of law raised by facts;
- contains incorrect statements of law;
- does not provide relevant authorities for propositions of law;
- inappropriate and/or irrelevant content;
- plagiarism, use of other students’ work, ‘recycling’ own work from other units;
- difficult to read and/or understand through poor grammar, expression or structure
- fails to comply with formatting instructions.
PASS (50% - 64%)
- correctly identifies and discusses a limited number of issues of law raised by the facts
- contains no significant errors of law;
- provides correct authorities for propositions of law;
- attempts to apply relevant law to the given facts;
- adequate expression.
CREDIT (65%-74%)
- correctly identifies and discusses most of the issues of law raised by the facts;
- contains no errors of law;
- provides correct authorities for propositions of law;
- successfully applies relevant law to the given facts;
- identifies differences between facts in the question and fact patterns in cases, and attempts to discuss relevance of this to the solution;
- identifies discrepancies/inconsistencies within the law, and attempts to resolve these where they are relevant to the given facts;
- attempts to explain which outcome is more likely where there is more than 1 possible solution to the problem;
- has clear structure and clear expression
DISTINCTION (75%-84%)
- correctly identifies and discusses all of the issues of law raised by the facts;
- contains no errors of law
- provides correct authorities for propositions of law;
- successfully applies relevant law to the given facts;
- identifies differences between facts in the question and fact patterns in cases, and successfully discusses the relevance of this to the solution;
- identifies discrepancies/inconsistencies within the law, and successfully resolves these where they are relevant to the given facts;
- successfully explains which outcome is more likely where there is more than 1 possible solution to the problem;
- has very clear structure and clear expression
HIGH DISTINCTION (85% and above)
- satisfies all the criteria for a Distinction;
- is exceptionally well written and exceptionally well-structured.
- demonstrates superior and original analytical skills.
Law School Policy is late submissions will not be marked and will be given zero, unless prior dispensation has been sought and received, in accordance with the special consideration policy.
Extensions are only available in extraordinary circumstances in accordance with the special consideration policy. http://www.student.mq.edu.au/ses/Special%20Consideration.html
Since the last offering of the unit the following changes have been made:
Week/date commencing |
Lecture Content |
Readings |
Assessment |
Week 1 3rd March |
Introduction to the Unit, Statutory Interpretation, History of Competition and Consumer regulation and the design of the Competition and Consumer Act 2010(Cth) |
Bruce (Restrictive Trade Practices Law) chapters 1,2 and 5; Bruce (Consumer Law) chapters 1 and 2 |
Regular lecture attendance is a continuing unit requirement |
Week 2 10th March |
Introduction to competition regulation |
Bruce (Restrictive Trade Practices Law) chapters 3 and 4 Queensland Wire Industries Pty Ltd v Broken Hill Pty Co Ltd (1989) 167 CLR 177 http://www.austlii.edu.au/au/cases/cth/HCA/1989/6.html |
Regular lecture attendance is a continuing unit requirement |
Week 3 17th March |
Collusion and Cartel Regulation |
Bruce (Restrictive Trade Practices Law) chapters 6 and 7 ACCC vThe Australian Medical Association Western Australia Branch Inc. [2003] FCA 686 http://www.austlii.edu.au/au/cases/cth/federal_ct/2003/686.html |
Regular lecture attendance is a continuing unit requirement |
Week 4 24th March |
Cartel Regulation continued; Misuse of Market Power | Bruce (Restrictive Trade Practices Law) chapters 8 and 9 |
Regular lecture attendance is a continuing unit requirement Tutorial Test 20% |
Week 5 31st March |
Exclusive Dealing and RPM |
Bruce (Restrictive Trade Practices Law) chapters 10,11, 12 and 14 | Regular lecture attendance is a continuing unit requirement |
Week 6 7th April |
Mergers and Acquisitions; Authorisation, Remedies and Enforcement |
Bruce (Restrictive Trade Practices Law) chapters 10,11, 12 and 14 | Regular lecture attendance is a continuing unit requirement |
Mid session break |
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Week 7 28th April |
Introduction to Consumer Protection Regulation; Consumer Protection – warranties and guarantees | Bruce (Consumer Law) chapters 2 and 10 |
Regular lecture attendance is a continuing unit requirement Assignment due Monday 28th April 30% |
Week 8 5th May |
Misleading and deceptive conduct |
Bruce (Consumer Law) chapters 3, 4 and 8 Google Inc v Australian Competition and Consumer Commission [2013] HCA 1 http://www.austlii.edu.au/au/cases/cth/HCA/2013/1.html |
Regular lecture attendance is a continuing unit requirement |
Week 9 12th May |
Manufacturers’ Liability |
Bruce (Consumer Law) chapters 12 and 13 | Regular lecture attendance is a continuing unit requirement |
Week 10 19th May |
Unconscionable conduct |
Bruce (Consumer Law) chapters 5 and 6 Australian Competition and Consumer Commission v Lux Pty Ltd [2004] FCA 926 http://www.austlii.edu.au/au/cases/cth/FCA/2004/926.html |
Regular lecture attendance is a continuing unit requirement |
Week 11 26th May |
Unfair Contract Terms | Bruce (Consumer Law) chapter 7 | Regular lecture attendance is a continuing unit requirement |
Week 12 2nd June |
Remedies and enforcement | Bruce (Consumer Law) chapters 15, 16 and 17 | Regular lecture attendance is a continuing unit requirement |
Week 13 9th June |
No lecture this week but tutorials continue |
Revision as required |
Take Home Exam Available Monday 9th June Due Friday 13th June |
Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html
Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
For all student enquiries, visit Student Connect at ask.mq.edu.au
For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/.
When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.
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