Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor
Vijaya Nagarajan
Contact via 98507911
W3A 534
Thursday 3 - 5 pm and by appointment
Adrian Coorey
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
(24cp in LAW or LAWS units) or (39cp at 100 level or above 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:
MACQUARIE LAW SCHOOL POLICY ON ASSESSMENTS
In the absence of a successful application for special consideration due to a disruption to studies, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero. Applications for a Disruption to Studies are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required.
Word limits will be strictly applied and work above the word limit will not be marked.
All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.
MODERATION POLICY
Detailed marking rubrics will be made available on iLearn.
Markers in this unit undertake a process of 'blind marking' to establish a common marking standard and all Fail papers are double marked.
Name | Weighting | Hurdle | Due |
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Class Test | 20% | No | Week Five Tutorials/OCS |
Assignment | 40% | No | 4/05/17 at 5 p.m. |
Final Assessment | 40% | No | 13/06/17 at 5 p.m. |
Due: Week Five Tutorials/OCS
Weighting: 20%
The Class Test will be of 40 minutes duration and consist of one problem question about an aspect of competition law. It will be completed by students in their regular tutorial time and will cover material covered in the first three lectures.Students may bring a copy of the legislation (either a published annotated copy such as that written by Steinwall or Miller, or pages students have printed out themselves) 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: 4/05/17 at 5 p.m.
Weighting: 40%
Research Assignment
You are aware that the Samsung Galaxy Note 7 smart phone, and the replacements that have been distributed, have been recalled because some have burst into flames. It has been reported that the defect is due to a manufacturing error that placed pressure on plates contained within battery cells, which brought negative and positive poles into contact. It is a cause of major concern for all divisions within the company.
You are employed as a solicitor in the Sydney offices of Samsung Electronics Inc. You are called into the senior solicitor’s office and asked to prepare a brief on how the company should respond to disgruntled consumers of the Galaxy Note 7 and the regulator. Restrict your answer to issues within the Australian Consumer Law.
Total word limit: no more than 3,000 words - excluding references. (Note: references are excluded, not footnotes. If footnotes contain argument they will be included in the word count. Penalties apply for exceeding the word limit.)
Further instructions:
You should provide an integrated discussion of the issues raised, well supported by appropriate legal references. It is expected that your work will demonstrate a strong understanding of the current debate around the relevant law, informed by your reading. This reading will be reflected in your references, but more importantly in your demonstrated understanding of the arguments.
Your work should not be presented in point form and all standard conventions of grammar and spelling should be observed. Please proof read before submission.
Late Submission and extensions
In the absence of a successful application for special consideration due to a disruption to studies, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero. Applications for a Disruption to Studies are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required.Ample time has been made available for the completion of this assignment. Accordingly, last minute illness or misadventure is unlikely to meet the requirements for special consideration.
If you are applying for special consideration, please submit your work in progress through Turnitin with a note that an application for special consideration has been lodged.
Grading Criteria: please see this Unit Guide for grading criteria.
Due: 13/06/17 at 5 p.m.
Weighting: 40%
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 task is in lieu of a formal exam there is no need for footnotes or AGLC referencing. 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 Saturday 10th June before midday.
Students will have four days to complete this task. This is not an indication of the length or complexity of the task - if students are well prepared they should be able to complete the task in 3-4 hours. The extended time period allows students to plan the completion of this task around their other commitments. This should obviate the need for any requests for extensions - which are unlikely to be given.
EXTERNAL STUDENTS
Students are expected to and complete the essential readings and listen to one two hour lecture which will be available online each week.
Students are expected to attend the OCS sessions for this unit. Attendance at the OCS is necessary for all external students. Please carefully check the dates, times and rooms for these sessions. Materials for discussion, including tutorial questions, will be posted online in Week 3.
INTERNAL STUDENTS
Students are expected to listen to one two hour lecture each week which will be posted online.
Lectures begin in week one. 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.
Tutorials will commence in week two. Questions for tutorials will be posted on the iLearn page regularly. Students are expected to have prepared for the tutorials.
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 final assessment are to be submitted using the Turnitin portal on the unit webpage.
PC and internet access are required, as are basic computer and word processing skills.
· Corones, SG The Australian Consumer Law 3rd edition (Thomson Reuters 2016)
Useful websites
GRADING CRITERIA FOR INDIVIDUAL ASSESSMENTS
1. ASSESSMENT CRITERIA FOR ASSIGNMENT
FAIL (49% AND BELOW)
PASS (50% - 64%)
CREDIT (65%-74%)
DISTINCTION (75%-84%)
HIGH DISTINCTION (85% and above)
2. ASSESSMENT CRITERIA FOR PROBLEM QUESTIONS
FAIL (49% AND BELOW)
PASS (50% - 64%)
CREDIT (65%-74%)
DISTINCTION (75%-84%)
HIGH DISTINCTION (85% and above)
3. LATE SUBMISSION AND EXTENSIONS
In the absence of a successful application for special consideration due to a disruption to studies, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero. Applications for a Disruption to Studies are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required.
Extensions are only available in extraordinary circumstances in accordance with the Disruption to Studies Policy: http://www.mq.edu.au/policy/docs/disruption_studies/policy.html
Week/Lecture Date |
Lecture Content |
Assessment |
Week 1 2nd March |
Introduction to the Unit, Statutory Interpretation, History of Competition and Consumer regulation and the design of the Competition and Consumer Act 2010(Cth) | It is necessary to listen to this lecture and complete the set readings for the week |
Week 2 9th March |
Introduction to competition regulation |
It is necessary to listen to this lecture and complete the set readings for the week |
Week 3 16th March |
Collusion and Cartel Regulation | It is necessary to listen to this lecture and complete the set readings for the week |
Week 4 23rd March |
Cartel Regulation continued
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It is necessary to listen to this lecture and complete the set readings for the week
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Week 5 30th March
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Misuse of Market Power
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It is necessary to listen to this lecture and complete the set readings for the week Tutorial Test 20% |
Week 6 6th April |
Exclusive Dealing and RPM; Mergers and Acquisitions; Authorisation.
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It is necessary to listen to this lecture and complete the set readings for the week |
Week 7 13th April |
Introduction to Consumer Protection Regulation; Consumer Protection – warranties and guarantees |
It is necessary to listen to this lecture and complete the set readings for the week
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RECESS 10th April to 28th April | ||
Week 8 4th May |
Misleading and deceptive conduct |
It is necessary to listen to this lecture and complete the set readings for the week Assignment due on 4th May |
Week 9 11th May |
Misleading and deceptive conduct continued; Manufacturers’ Liability |
It is necessary to listen to this lecture and complete the set readings for the week |
Week 10 18th May |
Unconscionable conduct | It is necessary to listen to this lecture and complete the set readings for the week |
Week 11 25th May |
Unfair Contract Terms | It is necessary to listen to this lecture and complete the set readings for the week |
Week 12 1st June |
Remedies and enforcement | It is necessary to listen to this lecture and complete the set readings for the week |
Week 13 10th June |
No lecture this week but tutorials continue |
Revision as required |
Take Home Exam Available Saturday 10th June Due Tuesday 13th June at 5 p.m. |
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_2016.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.html
Disruption to Studies Policy (in effect until Dec 4th, 2017): http://www.mq.edu.au/policy/docs/disruption_studies/policy.html
Special Consideration Policy (in effect from Dec 4th, 2017): https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policies/special-consideration
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/
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
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://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
Our graduates will also be capable of creative thinking and of creating knowledge. They will be imaginative and open to experience and capable of innovation at work and in the community. We want them to be engaged in applying their critical, creative thinking.
This graduate capability is supported by:
We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.
This graduate capability is supported by:
Our graduates will have enquiring minds and a literate curiosity which will lead them to pursue knowledge for its own sake. They will continue to pursue learning in their careers and as they participate in the world. They will be capable of reflecting on their experiences and relationships with others and the environment, learning from them, and growing - personally, professionally and socially.
This graduate capability is supported by:
Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.
This graduate capability is supported by:
We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.
This graduate capability is supported by:
Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.
This graduate capability is supported by:
We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.
This graduate capability is supported by:
As local citizens our graduates will be aware of indigenous perspectives and of the nation's historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.
This graduate capability is supported by:
We want our graduates to be aware of and have respect for self and others; to be able to work with others as a leader and a team player; to have a sense of connectedness with others and country; and to have a sense of mutual obligation. Our graduates should be informed and active participants in moving society towards sustainability.
This graduate capability is supported by:
New texts have been prescribed.