Course overview
- Study period
- Semester 2, 2025 (28/07/2025 - 22/11/2025)
- Study level
- Undergraduate
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
This course is an advanced level examination of consumer law as an element of the Australian legal system generally, and consumer protection legislation and regulation in particular. Students will have their knowledge of consumer law enhanced and will be expected to apply and improve their analytical and communication skills in practical, social and theoretical contexts.
LAWS5142 Consumer Law provides a comprehensive introduction to the Australian Consumer Law ("the ACL") located in the Competition and Consumer Act 2010 (Cth). The ACL is therefore part of Australia's National Competition and Consumer Policy intended to foster fair, competitive and informed markets for the benefit of consumers. The ACL does this by prohibiting a variety of misleading, deceptive and unconscionable conduct as well as targeting more specific conduct such as the imposition of unfair contract terms and unsolicited consumer agreements. Importantly, the ACL contains the consumer guarantees and product liability regimes. Since its introduction in 2011, the ACL has been interpreted by the Courts in a way that significantly modifies common law contractual and equitable principles regulating relationships between consumers and corporations. During this course, we will examine how the ACL achieves these beneficial purposes including recent High Court and Appellate Court decisions that have reinforced the importance of the ACL as Australia's premier source of consumer protection.
Course requirements
Prerequisites
You'll need to complete the following courses before enrolling in this one:
(LAWS1700 + 1701 + 1702 + 2702 + 2703 + ((2704 + 2705) or 2709) + 2706 + 2707 + 3702); or (LAWS1113 + 1114 + 2111 + 2112 + 3111 + 3112 + 3113 + 3114 + 4112)
Recommended prerequisites
We recommend completing the following courses before enrolling in this one:
LAWS5136
Incompatible
You can't enrol in this course if you've already completed the following:
LAWS7142
Restrictions
LLB(Hons) and LLB(Hons) dual programs.
Course contact
Course staff
Lecturer
Timetable
The timetable for this course is available on the UQ Public Timetable.
Aims and outcomes
Teaching Mission Statement
The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.
Aim of Course
This course aims to introduce students to Australia's National Consumer Protection Regime contained in the Australian Consumer Law ("the ACL"). The ACL substantially modifies the contractual, tortious and equitable relationships between firms supplying goods and services into the market and consumers who purchase those goods or services. This course will introduce students to the principal elements of the ACL and will address:
- Theories of regulation, the place of consumer law within the legal system generally and the ACL as part of Australia's National Competition & Consumer Policy specifically.
- The principal forms of conduct targeted by the ACL, including misleading or deceptive conduct, the consumer guarantees regime, statutory unconscionable conduct, the unfair contract terms regime and liability for defective goods.
- The way the ACL modifies the general law of contract, tort and equity in targeting these forms of conduct.
- How the ACL functions within the wider principles of Commercial Law (bailment, agency, sale of goods legislation).
- How the ACL functions to provide consumers with a greater range of remedial flexibility in relation to conduct in breach of the ACL than would be available in contract, tort or equity.
- The role of the
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Understand the social, commercial and regulatory context that gave rise to a national consumer protection regime embodied in the Australian Consumer Law (“the ACL”).
LO2.
Be able to describe and explain how and why the ACL is an important component of Australia’s overarching National Competition Policy.
LO3.
Gain proficiency in identifying and navigating the different Chapters, Parts, Divisions, Subdivisions and Sections of the ACL.
LO4.
In navigating the ACL, be able to accurately identify the relevant provisions and sequences of provisions within the ACL as they relate to specific consumer issues.
LO5.
Be able to locate and understand relevant case law in interpreting provisions of the ACL and the application of that case law in formulating solutions to consumer protection issues, including relevant consumer remedies.
LO6.
As part of that, understanding how the provisions of the ACL modify or abrogate traditional commercial / consumer relationships and associated remedies in contract, tort and equity.
LO7.
Be aware of current and emerging consumer issues and how the ACL seeks to address those issues including an understanding of the role of the Australian Competition and Consumer Commission (“the ACCC”) in enforcing the ACL.
Assessment
Assessment summary
Category | Assessment task | Weight | Due date |
---|---|---|---|
Essay/ Critique |
Case Analysis Assignment
|
40% |
12/09/2025 4:00 pm |
Examination |
End-of-semester Examination
|
60% |
End of Semester Exam Period 8/11/2025 - 22/11/2025 |
Assessment details
Case Analysis Assignment
- Online
- Mode
- Written
- Category
- Essay/ Critique
- Weight
- 40%
- Due date
12/09/2025 4:00 pm
Task description
Students will be invited to critique an issue concerning the Australian Consumer Law through analysis of relevant case law. Two such issues will be identified and students will be invited to chose one of them to critique through identification and analysis of relevant case law.
This task has been designed to be challenging, authentic and complex. Whilst students may use AI and/or MT technologies, successful completion of assessment in this course will require students to critically engage in specific contexts and tasks for which artificial intelligence will provide only limited support and guidance.
A failure to reference generative AI or MT use may constitute student misconduct under the Student Code of Conduct.
To pass this assessment, students will be required to demonstrate detailed comprehension of their written submission independent of AI and MT tools.
Submission guidelines
Students will upload their completed assignment to the Turnitin link on the LAWS5142 Blackboard site.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
Where an extension for an assessment item due within the teaching period in which the course is offered is available, any extension is limited to one week (7 days). In exceptional circumstances, extensions may be granted for more than one week, but in no case will an extension exceed four weeks (28 days) in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
End-of-semester Examination
- In-person
- Mode
- Written
- Category
- Examination
- Weight
- 60%
- Due date
End of Semester Exam Period
8/11/2025 - 22/11/2025
- Other conditions
- Secure.
- Learning outcomes
- L03, L04, L05, L06
Task description
Students will sit an in-person exam at the end of semester two during the university examination period. The exam will consist of two, equally weighted problem questions. Each problem question will be worth 30%.
This assessment task is to be completed in-person. The use of generative Artificial Intelligence (AI) or Machine Translation (MT) tools will not be permitted. Any attempted use of AI or MT may constitute student misconduct under the Student Code of Conduct.
Exam details
Planning time | 10 minutes |
---|---|
Duration | 120 minutes |
Calculator options | No calculators permitted |
Open/closed book | Open book examination - any written or printed material is permitted; material may be annotated |
Exam platform | Paper based |
Invigilation | Invigilated in person |
Submission guidelines
Deferral or extension
You may be able to defer this exam.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
Grade | Cut off Percent | Description |
---|---|---|
1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Supplementary assessment
Supplementary assessment is available for this course.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Find the required and recommended resources for this course on the UQ Library website.
Own copy required
You'll need to have your own copy of the following reading resources. We've indicated below if you need a personal copy of the reading materials or your own item.
Item | Description |
---|---|
Book |
Consumer Protection Law in Australia
by Bruce; Alex - 2022 Edition: 4th edition Publisher: LexisNexis Butterworths ISBN: 9780409354928; 9780409354935 |
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
Learning period | Activity type | Topic |
---|---|---|
Multiple weeks From Week 1 To Week 13 |
Lecture |
Lectures Students will be invited to attend a one-hour lecture each week. The content / subject for each lecture is as follows: Week 1: Introduction to the Australian Consumer Law ("the ACL"). Overview of how the ACL modifies existing commercial-consumer regulation through contract, tort and equitable principles. Week 2: Fundamental concepts in the ACL: Who is a "consumer", who is a "manufacturer", when is conduct "in trade or commerce". Establishing principal & ancillary liability. Week 3: Misleading or Deceptive Conduct - Part 1: Misrepresentation at law, modification by ACL s 18, evaluating the relevant "class of consumers". Week 4: Misleading or Deceptive Conduct - Part 2: Specific forms of misleading or deceptive conduct - precontractual representations, advertising, employment, silence, "greenwashing". Week 5: Unconscionable Conduct - Part 1: Unconscionable conduct in equity and its expression in ACL s 20. Differentiating undue influence and duress. Week 6: Unconscionable Conduct - Part 2: Statutory unconscionability under ACL s 21. "Systems" unconscionability, how statutory unconscionability differs from "equitable unconscionability" Week 7: Unfair Contract Terms Regime. Week 8: Unsolicited Consumer Agreements (unsolicited selling and lead generation). Week 9: Consumer Guarantees Regime - Part 1: Nature and function of the consumer guarantees. How they modify contractual relationship between suppliers and consumers. Week 10: Consumer Guarantees Regime - Part 2: Consumer remedies in relation to consumer guarantees. Week 11: Defective Goods Regime. How manufacturers may be liable when goods have a "safety defect". Relationship with the consumer guarantees regime. Week 12: Identifying and understanding consumer remedies available under the general and specific provisions of the ACL. Enforcement by the ACCC. Week 13: Review, Q&A. |
Multiple weeks From Week 2 To Week 13 |
Workshop |
Workshops Commencing in Week 2, students must attend a weekly two-hour, problem solving workshop. Students will be provided with a problem question the week before each Workshop - for example, the problem question in Week 4 will relate to material from the lecture in Week 3. |
Policies and procedures
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments for Students Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
School guidelines
Your school has additional guidelines you'll need to follow for this course: