LLH480 Consumer Law in a Digital Age


To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.


Unit Outline: Semester 2 2021, Gardens Point, Internal

Unit code:LLH480
Credit points:12
Pre-requisite:LLH401 and (LLH305 or LWB334). LLH401 and LLH305 can be studied in the same teaching period as LLH480
Coordinator:Nicola Howell | nicola.howell@qut.edu.au
Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of the teaching period.

Overview

This unit examines the key consumer protections that are applicable to all sectors of the economy, and that are implemented through the Competition and Consumer Act (incorporating the Australian Consumer Law (ACL). An understanding of the principles of consumer protection and consumer law will assist you to gain a more complete grasp of the legal system, particularly in a commercial context. This unit expands on the ACL material covered in earlier units, and incorporates a focus on the application of consumer law in a digital environment. Knowledge of consumer law provides an opportunity to develop your skills in a range of legal areas as well as providing a base for those interested in working in this specialised field.

Learning Outcomes

On successful completion of this unit you will be able to:

  1. Explain and critique the development and operation of consumer law in a wider social and commercial context (CLOs 1.1, 1.4 and 2.3))
  2. Apply relevant legal principles and the rules and principles of statutory interpretation to resolve complex problems about consumer law, and effectively communicate the possible resolutions and the legal justification (CLOs 1.1, 2.1, 2.2, 2.3 and 4.1)
  3. Select and appraise relevant sources, apply appropriate research methods and present research findings and recommendations (CLOs 3.1, 3.2, 3.3)
  4. Communicate analysis and reasoning effectively in written form (CLOs 4.1).

Content

This unit is concerned with the economy-wide consumer protections and consumer rights provided by the Competition and Consumer Act, including:

  • the general protections in the Australian Consumer Law (prohibitions against misleading or deceptive conduct, unconscionable conduct and unfair terms);
  • the specific protections in the Australian Consumer Law (unfair practices, consumer guarantees, consumer agreements, product safety and product liability); and
  • the Consumer Data Right; and
  • the potential consequences for non-compliance, including options for public enforcement and private remedies.

It considers the application of these laws to traditional products, services and markets and to newer products, services and markets that utilises digital technologies.

Learning Approaches

This unit employs an active and collaborative approach to learning and involves an online, self-led learning practice. Prior to live workshops, you will be supported and engaged in this unit through the delivery of weekly snapshots of unit material, podcasts delivered by experts, interactive quizzes and formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives.

Your participation in this unit includes:

  • Engagement with online materials, including podcasts, online activities and readings that you will complete at your own pace to provide you with an understanding of the relevant law.
  • Discussion in live workshops where you will develop your understanding of the law and practice by applying the law to factual scenarios. A recording of workshop material will also be provided to all students for revision purposes.
  • Collaboration with peers and teaching staff to network and share your understanding of the unit content.

Feedback on Learning and Assessment

Feedback on the development of your understanding of the content learnt in this unit is provided through:

  • the live workshops and recordings.
  • interaction with the teaching team and other students in the live workshops and discussion forums.
  • interactive self-paced online learning activities that enable you to self-test your understanding of the unit content.
  • the general and individual feedback on your assessment tasks.
  • the option of consultation with a member of the teaching team.

Assessment

Overview

The assessment in this unit will be both summative and formative.

Unit Grading Scheme

7- point scale

Assessment Tasks

Assessment: Research article

Acting as a legal practitioner, you will research and evaluate a legal issue and extract and critically analyse relevant principles and policies of consumer law to explain the law and its development in an article for a client newsletter.

Weight: 40
Length: 1500 words
Individual/Group: Individual
Due (indicative): Week 9
Related Unit learning outcomes: 1, 2, 3, 4

Assessment: Memorandum of Advice

Acting as a legal practitioner, you will research and evaluate a legal problem and extract and critically analyse relevant principles and policies of consumer law to offer creative problem-solving strategies and advise on a course of action.

Weight: 60
Length: 2500
Individual/Group: Individual
Due (indicative): Week 13
Related Unit learning outcomes: 1, 2, 3, 4

Academic Integrity

Academic integrity is a commitment to undertaking academic work and assessment in a manner that is ethical, fair, honest, respectful and accountable.

The Academic Integrity Policy sets out the range of conduct that can be a failure to maintain the standards of academic integrity. This includes, cheating in exams, plagiarism, self-plagiarism, collusion and contract cheating. It also includes providing fraudulent or altered documentation in support of an academic concession application, for example an assignment extension or a deferred exam.

You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.

Breaching QUT’s Academic Integrity Policy or engaging in conduct that may defeat or compromise the purpose of assessment can lead to a finding of student misconduct (Code of Conduct – Student) and result in the imposition of penalties under the Management of Student Misconduct Policy, ranging from a grade reduction to exclusion from QUT.

Resources

Resource Materials

Prescribed text(s)

Competition and Consumer Act 2010 (Cth) (any publisher or online, most recent edition)

Jeannie Marie Paterson (2019) Corones' Australian Consumer Law (4th edition, Thomson Reuters)

Recommended text(s)

Russell Miller (2021) Miller's Competition and Consumer Law Annotated (43nd edition, Thomson Reuters)

Other

Students may also refer to journal articles in relevant journals such as Australian Business Law Review, Competition and Consumer Law Journal, Australian Journal of Corporate Law and Company and Securities Law Journal. Go to the Library database page for online access to these journals.

Risk Assessment Statement

There are no out-of-the-ordinary risks associated with this unit.

Course Learning Outcomes

This unit is designed to support your development of the following course/study area learning outcomes.

LW36 Bachelor of Laws (Honours)

  1. The essential principles and doctrines of Australian law and the Australian legal system
    Relates to: Research article, Memorandum of Advice
  2. The application, operation and evolution of law in diverse and changing contexts
    Relates to: Research article, Memorandum of Advice
  3. Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
    Relates to: Research article, Memorandum of Advice
  4. Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
    Relates to: Research article, Memorandum of Advice
  5. Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
    Relates to: Research article, Memorandum of Advice
  6. Selecting and using contemporary technologies to effectively search, organise and use information
    Relates to: Research article, Memorandum of Advice
  7. Selecting and applying appropriate research methods
    Relates to: Research article, Memorandum of Advice
  8. Planning and executing a research project and presenting findings and recommendations
    Relates to: Research article, Memorandum of Advice
  9. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
    Relates to: Research article, Memorandum of Advice

LW37 Bachelor of Laws (Honours) (Graduate Entry)

  1. The essential principles and doctrines of Australian law and the Australian legal system
    Relates to: ULO1, ULO2, Research article, Memorandum of Advice
  2. The application, operation and evolution of law in diverse and changing contexts
    Relates to: ULO1, Research article, Memorandum of Advice
  3. Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
    Relates to: ULO2, Research article, Memorandum of Advice
  4. Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
    Relates to: ULO2, Research article, Memorandum of Advice
  5. Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
    Relates to: ULO1, ULO2, Research article, Memorandum of Advice
  6. Selecting and using contemporary technologies to effectively search, organise and use information
    Relates to: ULO3, Research article, Memorandum of Advice
  7. Selecting and applying appropriate research methods
    Relates to: ULO3, Research article, Memorandum of Advice
  8. Planning and executing a research project and presenting findings and recommendations
    Relates to: ULO3, Research article, Memorandum of Advice
  9. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
    Relates to: ULO2, ULO4, Research article, Memorandum of Advice