LAW8074 Project Legal Issues
|Semester 2, 2012 Online Toowoomba|
|Faculty or Section :||Faculty of Business and Law|
|School or Department :||School of Law|
|Version produced :||30 December 2013|
Examiner: Anton La Vin
Moderator: Liam Scott
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.
Australian business law provides a framework for all commercial transactions and relationships associated with projects across all disciplines and of all types. From the very first moment that a project is considered, the legal environment within which that project will be carried out is extremely complex. Each of the parties involved, including sponsors, staff, consultants, contractors, agents, individuals, companies, trusts, government bodies, etc are defined, and constrained, by the nature of their legal existence. Each of the explicit and implicit transactions that take place is governed by some aspect of law, creating a veritable minefield for the unwary. There are many courses on Australian business law, but this course takes a different perspective. It examines the role and application of law in the context of projects of all types - it steps back from a narrow focus on the legal principles and precedents per se, and considers the implications of those principles and precedents for practitioners involved in projects regardless of their role. The course examines the changing nature of the legal implications as projects move from the early conceptual stages through the planning and approval stages, the difficult procurement and implementation stages, to the final stages of transfer of responsibility and liability to the owners and end users.
The course examines the following: (1) an introduction to law in the context of projects, (2) nature of the parties involved in projects, including individuals and incorporated bodies, (3) the nature of partnerships, joint ventures and other alliances, (4) the law of torts, (5) legal issues associated with tendering, (6) formation of contracts, (7) management of contracts, (8) resolution of contractual disputes, (9) intellectual property law, (10) consumer protection and trade practices, (11) property-related law including ownership and occupation, and (12) planning laws and building legislation. The course is structured to provide a broad overview of the legal issues associated with a wide range of projects.
On completion of this course students will be able to:
- identify and explain the concepts of law as they relate to the various classes of projects
- identify, define and explain the legal nature of the respective parties involved in various classes of projects, and their roles and responsibilities in terms of law
- identify, define, document and justify the appropriate organisational structure for carrying out various classes of projects
- identify, define and explain any issues arising from the law of torts with respect to the management of various classes of projects
- select, define and justify appropriate tendering procedures for various classes of projects, and identify any legal issues arising from tendering processes and the appropriate means of responding to them
- select, define and justify the most appropriate form of contract for various classes of projects and how to bring the relevant parties into a contractual relationship
- identify, select and put in place appropriate procedures for the management of the respective types of project contracts
- identify, select and put in place the most appropriate form of dispute resolution for a range of contractual disputes
- identify and explain any intellectual property issues arising from a project environment and put in place appropriate arrangements for protection of those rights
- identify, select and put in place the necessary steps to protect the consumer rights of individuals and rights arising under the Competition and Consumer Act in a project environment
- identify and explain legal rights associated with the ownership, use and occupation of project deliverables, and put in place measures to protect those rights
- identify and explain the relevant environmental and planning laws and building legislation that impact on the various classes of projects, and put in place measures to comply with relevant legislation
- demonstrate satisfactory skills in communication.
|1.||Law and its sources||10.00|
|2.||The legal nature of individuals and organisations||10.00|
|3.||Law of torts||10.00|
|4.||Legal issues in tendering||10.00|
|5.||Formation of project-related contracts||10.00|
|6.||Management of project-related contracts||10.00|
|8.||How the Competition and Consumer Act affects projects - part 1||10.00|
|9.||How the Competition and Consumer Act affects projects - part 2||10.00|
|10.||Other relevant legislation for projects||10.00|
Text and materials required to be purchased or accessed
ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://bookshop.usq.edu.au/bookweb/subject.cgi?year=2012&sem=02&subject1=LAW8074)
Please contact us for alternative purchase options from USQ Bookshop. (https://bookshop.usq.edu.au/contact/)
Griggs, L, Clark, E, & Iredale, I 2009, Managers and the law: a guide for business decision makers, 3rd edn, Thomson Lawbook Co, Pyrmont, New South Wales.
Summers, J & Smith, B 2010, Communication skills handbook, 3rd edn, John Wiley & Sons, Milton, Queensland.
Student workload requirements
|Tutorials or Workshops||48.00|
|Description||Marks out of||Wtg (%)||Due Date||Notes|
|ASSIGNMENT 1||100||5||10 Aug 2012||(see note 1)|
|ASSIGNMENT 2||100||30||17 Sep 2012||(see note 2)|
|ASSIGNMENT 3||100||65||29 Oct 2012|
- Assignment 1 requires students to select an appropriate project for analysis and is a small case study report. Students are encouraged to complete the activity to ensure they understand the nature of the studies in the course and the scope of assignments 2 and 3.
- Assignments 2 and 3 are major project-based case studies and require students to obtain sufficient information on a project of their choice to carry out a critical analysis of nominated aspects of that project. Students should choose a project as early as possible after reading the requirements of assignments 2 and 3. The same project can be used for assignments 2 and 3.
Important assessment information
It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)
Penalties for late submission of required work:
If students submit assignments after the due date without prior approval, then a penalty of 5% of the total marks available for the assignment may apply for each working day late.
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the weighted aggregate of the marks obtained for each of the summative assessment items in the course.
There is no examination in this course.
Examination period when Deferred/Supplementary examinations will be held:
University Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au.
Assignments: (i) Assignments must be submitted electronically by 11.59pm (AEST) on the due date. (ii) Students must retain a copy of each assignment submitted for assessment. This must be produced within 24 hours if required by the examiner. (iii) The examiner may grant an extension of the due date of an assignment in extenuating circumstances. If the required extension is less than seven days, there is no need to obtain prior approval. In such cases, submit your assignment as soon as possible after the due date together with any supporting documentation that might be required. The authority for granting extensions rests with the relevant examiner. (iv) The examiner will normally only accept assessments that have been prepared using electronic media. (v) The examiner will not accept submission of assignments by facsimile. (vi) Students who are disadvantaged by these regulations may be given special consideration. They should contact the examiner to negotiate such special arrangements. (vii) In the event that a due date for an assignment falls on a local public holiday in their area, such as a show holiday, the due date for the assignment will be the next day. Students are to note on the assignment cover the date of the public holiday for the examiner's convenience.
Course weightings: Course weightings of topics should not be interpreted as applying to the number of marks allocated to assessment.
Referencing in assignments: Students studying this course as part of a Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in the Juris Doctor may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing, or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing.
Make-up work: Students who have undertaken all of the required assessments in a course but who have failed to meet some of the specified objectives of a course within the normally prescribed time may be awarded the temporary grade: IM (Incomplete - Make up). An IM grade will only be awarded when, in the opinion of the examiner, a student will be able to achieve the remaining objectives of the course after a period of non directed personal study.
Computer, e-mail and Internet access: Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.