In this subject, you will see how consumer protection provisions work in practice. You will focus on the practical aspects of conducting a consumer law file and acting for a client in a consumer law matter.
The Australian Competition and Consumer Commission (ACCC) states that “[c]onsumer law is important for the efficient functioning of markets; it encourages consumers to shop with confidence, and enables businesses to compete fairly without rogue businesses being rewarded for using underhanded or misleading tactics.”
Consumer protection provisions prohibit:
- misleading or deceptive conduct
- unconscionable conduct, and
- unfair contracts and commercial practices.
The provisions also regulate specific consumer transactions and make it illegal to distribute unsafe goods and related services.
You will complete two tasks in this subject based on real life case studies that an entry level lawyer is likely to face in practice. Each task has associated activities.
At the end of this subject you will be able to demonstrate the competence required of an entry level lawyer in:
- conducting a consumer law file and advising the client on relevant law and procedure in a consumer law matter
- recognising situations in which consumer law applies
- identifying relevant legislation, courts, tribunals and other bodies at federal and state level
- advising a client on the appropriate jurisdiction
- advising the client as to which remedies may be available
- initiating or responding to a consumer claim
- drafting all documents in the relevant jurisdiction
- representing a client effectively in any negotiation, mediation or hearing, and
- documenting settlement effectively.
Tasks and activities
You will complete practical tasks such as drafting letters of advice and consent orders, preparing submissions and appearing in a consumer law matter.
To assist your learning, you have online resources such as readings and interactive case studies. You also have a hard copy of the College’s Practice Papers, which are also available online and in eBook format.
The course calendar sets out the milestones for you to meet, and guides you through the subject. However, other than meeting dates for submission of work and assessments, you can progress through the learning resources and tasks at your own pace, when and where it suits you.
Your lecturer is your mentor and will give you individual guidance. Your lecturer will also give you feedback, and coach you to achieve the required level of competence.
To be eligible for assessment you must complete each task to a competent standard as determined by your lecturer.
The final assessment in the subject will be an oral assessment that will include:
- presenting Task 1 to an assessor
- reflection on your learning in the subject
- review of the tasks you have submitted, and
- questions arising from the learning materials.
Your performance in the oral assessment will be graded.