LAW5479 Avoidance, management and resolution of construction disputes
Faculty of Law
LAW5479 Avoidance, management and resolution of construction disputes is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law. It isn't offered in 2027. It has no prerequisites.
- Credit points
- 6
- Offered in 2027
- Not offered
- Assessment
- No exam
- 3 tasks
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Requisites
Before LAW5479
No prerequisites or corequisites besides the enrolment rules below.
After LAW5479
No unit lists LAW5479 as a prerequisite in the 2027 handbook.
Enrolment rules
For Legal Studies students (L4004, L5004, L6013) you must have completed LAW5000 or LAW5081.
Juris Doctor students (L6005) who commenced their course in or before 2026 must have completed a minimum of 72 credit points of study.
Juris Doctor students (L6005) who commenced their course in 2027 or later must have completed a minimum of 60 credit points of study.
Overview
This unit focuses on the avoidance, management and resolution of construction disputes, a speciality area of construction law that is commonly referred to as the ‘back end’. It will take a chronological approach, beginning with a critical analysis of the causes of construction disputes and the role that the construction contract and different project delivery methods play in construction disputes. Students will explore various dispute avoidance processes (DAPs) that can prevent conflicts – which invariably arise during a construction project – from escalating into disputes. Next, students examine the different ‘real time’ dispute resolution methods that can be used during the course of a construction project to assist parties to reach completion with no outstanding disputes. Finally, students explore the processes that are available for resolving any disputes that remain post project completion, including ADR, statutory adjudication, arbitration and litigation. The focus is on the unique aspects of construction disputes that require specific responses including the use of Scott schedules and the hot-tubbing of experts.
Students will analyse construction dispute resolution processes used in other jurisdictions, in order to evaluate whether the Australian systems need reform, and if so, how. There will also be a critical examination of international arbitration to determine whether it represents world’s best practice when it comes to construction dispute resolution.
Offerings in 2027
The 2027 handbook lists no offerings for LAW5479.
Assessment
- Project Plan & PresentationPresentation20%
- PodcastPresentation20%
- Research paperWritten60%
Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.
Learning outcomes
When you finish this unit, you should be able to:
- 1
Demonstrate legal knowledge pertaining to the avoidance, management and resolution of construction disputes, including the role of lawyers in achieving better outcomes for their clients in the Australian system as well as in international and comparative contexts.
- 2
Reflect upon the professional responsibilities of lawyers in the efficient, just and ethical resolution of construction disputes.
- 3
Critically analyse and respond appropriately to complex construction disputes through applied legal reasoning and make credible choices about alternative dispute avoidance and resolution models.
- 4
Research, evaluate and synthesise complex information in order to justify and interpret theoretical propositions and demonstrate understanding of resources relevant to the management of construction disputes.
- 5
Communicate effectively, appropriately and persuasively to both legal and non-legal audiences.
Workload and teaching
- Workshops24 hours
- Teaching approachActive learning
Minimum total expected workload to achieve the learning outcomes for this unit typically comprises of a mixture of scheduled learning activities and independent study applicable to a 6 credit point unit. Learning activities may include a combination of teacher directed learning, peer directed learning, and online engagement.
Learning resources
Required resources
See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.
Where it fits
LAW5479 is part of 2 areas of study in the 2027 handbook.
Common questions
What are the prerequisites for LAW5479?
LAW5479 has no prerequisites, but enrolment rules apply.
When is LAW5479 offered?
LAW5479 has no offerings listed in the 2027 handbook.
Does LAW5479 have an exam?
No. LAW5479 has 3 assessment tasks and no exam.
Which majors and minors include LAW5479?
LAW5479 is part of Commercial and corporate law; and Dispute resolution.