CQUniversity Unit Profile
LAWS20058 Australian Commercial Law
Australian Commercial Law
All details in this unit profile for LAWS20058 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student).
The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.
Corrections

Unit Profile Correction added on 26-03-20

The end of term examination has now been changed to an alternate form of assessment. Please see your Moodle site for details of the assessment

General Information

Overview

This unit will provide you with an introduction to the law of contract and commercial law as they operate within the parameters of Australia's common law based legal system. Topics include the origins of Australia's present legal system and the current legal environment in which contract and commercial law operate to regulate commercial transacting between firms as well as individuals using concepts, doctrines, principles, legislation and case law. It explains the key functions and processes of the legal system. A particular study is made of the nature, terms, validity, operation and discharge of contracts, the process of litigation and alternate dispute resolution methods of corporate and non-corporate business structures. Commercial Law topics studied include Agency, the Sale of Goods, Australian Consumer Law, Real and Personal Property, Torts, Securities and Bankruptcy. If you have successfully completed the unit LAWS20028 you should not enrol in this unit.

Details

Career Level: Postgraduate
Unit Level: Level 8
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

Pre-requisites or Co-requisites

There are no requisites for this unit.

Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).

Offerings For Term 1 - 2020

Brisbane
Melbourne
Online
Sydney

Attendance Requirements

All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Class and Assessment Overview

Recommended Student Time Commitment

Each 6-credit Postgraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Class Timetable

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Written Assessment
Weighting: 40%
2. Examination
Weighting: 60%

Assessment Grading

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.

Previous Student Feedback

Feedback, Recommendations and Responses

Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Feedback from Through Moodle site.

Feedback

Several students advised that the depth and breadth of the course content was considerable. They felt that the unit content should be more concise.

Recommendation

The Unit Coordinator to revise and improve the structure and content of the unit and to reduce Powerpoint slide numbers where appropriate. The Unit Coordinator to add weekly video sessions and master classes to streamline and improve the unit's content. The Unit Coordinator in the weekly live video sessions and campus teachers in class to assist students with their written responses to the weekly revision exercises.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. delineate the structure, institutions, key functions and processes of the Australian legal system in which contracts and commercial transactions are devised and undertaken
  2. demonstrate a sound comprehension of the main concepts, doctrines, principles, legislation and case law in the contract and commercial law topics covered
  3. recognise the types of legal problems likely to be contained in commonly encountered business transactions
  4. employ legal skills and critical reasoning to identify and analyse the variable and discrete configuration of obligations, rights and remedies attaching to parties across a range of contracts and business transactions
  5. make informed judgements as to the likely legal outcomes of standard types of business transactions, coupled with the potential for managing them in a proactive, risk-avoiding and value maximising manner
Alignment of Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4 5
1 - Written Assessment - 40%
2 - Examination - 60%

Alignment of Graduate Attributes to Learning Outcomes

Graduate Attributes Learning Outcomes
1 2 3 4 5
1 - Knowledge
2 - Communication
3 - Cognitive, technical and creative skills
4 - Research
5 - Self-management
6 - Ethical and Professional Responsibility
7 - Leadership
8 - Aboriginal and Torres Strait Islander Cultures

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8
1 - Written Assessment - 40%
2 - Examination - 60%
Textbooks and Resources

Textbooks

Prescribed

AUSTRALIAN COMMERCIAL LAW

32nd Edition (2019)
Authors: Clive Turner and John Trone
Thomson Reuters. Lawbook Co.
Sydney Sydney , NSW , Australia
ISBN: 9780455241395
Binding: Paperback

Additional Textbook Information

Copies are available for purchase at the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code)

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed

For further information, see the Assessment Tasks.

Teaching Contacts
Matt Nichol Unit Coordinator
m.nichol@cqu.edu.au
Schedule
Week 1 The Australian Legal System Begin Date: 09 Mar 2020

Module/Topic

Features of the Australian Legal System

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapter 1.

Events and Submissions/Topic


Week 2 Contract II: Forming a Contract Begin Date: 16 Mar 2020

Module/Topic

Offer, acceptance, intention, consideration and capacity 

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapters 2, 3, 4, 5 and 6.

Events and Submissions/Topic


Week 3 Contract II: Essential Elements Begin Date: 23 Mar 2020

Module/Topic

 Genuine consent and legality

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapters 7 and 8.

Events and Submissions/Topic


Week 4 Contracts III: The Contract Begin Date: 30 Mar 2020

Module/Topic

Contents and interpretation of the contract, operation of the contract, termination of contract and remedies.

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapters 9,10,11 and 12.

Events and Submissions/Topic


Week 5 Australian Consumer Protection Law Begin Date: 06 Apr 2020

Module/Topic

Consumer protection laws

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapter 17.

Events and Submissions/Topic


Vacation Week Begin Date: 13 Apr 2020

Module/Topic

Revision and assignment preparation

Chapter


Events and Submissions/Topic

Week 6 Property I: Personal Property and Sale of Goods Begin Date: 20 Apr 2020

Module/Topic

Personal Property and Sale of Goods

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapter 14 pp 201-209 and Chapter 15.

Events and Submissions/Topic

Week 7 Property II: Real Property and Intellectual Property Begin Date: 27 Apr 2020

Module/Topic

Real Property and Intellectual Property

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapter 29 pp 696-703 and Chapter 31.

Events and Submissions/Topic

Assignment due by 5 pm (AEST) on Friday 1 May 2020


Assignment Due: Week 7 Friday (1 May 2020) 5:00 pm AEST
Week 8 Property III: Property and Securities Begin Date: 04 May 2020

Module/Topic

Property and Securities

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapter 14 pp 209-224 and Chapter 29 pp 704-708.

Events and Submissions/Topic


Week 9 Law of Torts Begin Date: 11 May 2020

Module/Topic

Torts

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapter 28.

Events and Submissions/Topic


Week 10 Agency Begin Date: 18 May 2020

Module/Topic

Agency

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapter 13.

Events and Submissions/Topic


Week 11 Business Structures Begin Date: 25 May 2020

Module/Topic

Partnerships, Corporations and Trusts

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapters 26, 27 and 30.

Events and Submissions/Topic


Week 12 Bankruptcy and Revision Begin Date: 01 Jun 2020

Module/Topic

Bankruptcy

Revision 

Chapter

Clive Turner and John Trone, Australian Commercial Law (32nd Ed 2019: Thomson Reuters/Law Book Co) Chapter 32.

Events and Submissions/Topic


Review/Exam Week Begin Date: 08 Jun 2020

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 15 Jun 2020

Module/Topic

Chapter

Events and Submissions/Topic


Assessment Tasks

1 Written Assessment

Assessment Title
Assignment

Task Description

The assignment is designed to develop and assess the research, analytical and writing skills of students.  Students are required to answer several problem based questions in relation to a hypothetical factual situation by identifying relevant legal issues and then applying the appropriate legal principles.  Students are required to use relevant cases and provisions of legislation covered to support their answers.


Assessment Due Date

Week 7 Friday (1 May 2020) 5:00 pm AEST

The assignment is to be submitted by Moodle


Return Date to Students

Week 8 Friday (8 May 2020)

The assignment will be returned by Moodle


Weighting
40%

Assessment Criteria

The assignment will be assessed using the following criteria:

  1. Problem solving: students are required to demonstrate problem solving skills by identifying and applying relevant legal rules and principles to a fact scenario.
  2. Critical thinking: students are required to demonstrate critical thinking by analysing, applying and evaluating facts and law in a problem solving context.
  3. Information literacy: students are required to demonstrate information literacy by identifying, understanding and applying legal rules and principles in a commercial problem scenario.
  4. Writing and presentation: students are required to submit answers with a clear writing style that uses appropriate grammar and expression. Ideas and arguments are to be presented in a logical structure and order.
  5. Referencing: students must use appropriate referencing when using secondary materials (for example, websites, books or journal articles) legislation and cases.

A marking rubric is available on Moodle.


Referencing Style

Submission
Online

Submission Instructions
Students must submit one MS Word file (docx).

Learning Outcomes Assessed
  • delineate the structure, institutions, key functions and processes of the Australian legal system in which contracts and commercial transactions are devised and undertaken
  • demonstrate a sound comprehension of the main concepts, doctrines, principles, legislation and case law in the contract and commercial law topics covered
  • recognise the types of legal problems likely to be contained in commonly encountered business transactions
  • employ legal skills and critical reasoning to identify and analyse the variable and discrete configuration of obligations, rights and remedies attaching to parties across a range of contracts and business transactions
  • make informed judgements as to the likely legal outcomes of standard types of business transactions, coupled with the potential for managing them in a proactive, risk-avoiding and value maximising manner


Graduate Attributes
  • Knowledge
  • Communication
  • Cognitive, technical and creative skills
  • Research

Examination

Outline
Complete an invigilated examination

Date
During the examination period, at a CQUniversity examination centre

Weighting
60%

Length
180 minutes

Details
Dictionary - non-electronic, concise, direct translation only (dictionary must not contain any notes or comments).
Open Book
Academic Integrity Statement

As a CQUniversity student you are expected to act honestly in all aspects of your academic work.

Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.

When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.

Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.

As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.

What is a breach of academic integrity?

A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.

Why is academic integrity important?

A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.

Where can I get assistance?

For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.

What can you do to act with integrity?