UnitLevel 5Postgraduate

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 2024. It has no prerequisites.

Credit points
6
Offered in 2024
Not offered
Assessment
No exam
3 tasks

This is the 2024 handbook entry. See the 2027 entry.

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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 2024 handbook.

Enrolment rules

For Legal Studies students (L4004, L5004, L6013) you must have completed LAW5000 or LAW5081
and
For Juris Doctor students (L6005), you must have completed 72 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 2024

The 2024 handbook lists no offerings for LAW5479.

Assessment

  • Project Plan & PresentationAssignment
    20%
  • PodcastPresentation
    20%
  • Research paperResearch assignment
    60%

Learning outcomes

When you finish this unit, you should be able to:

  1. 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. 2

    Reflect upon the professional responsibilities of lawyers in the efficient, just and ethical resolution of construction disputes.

  3. 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. 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. 5

    Communicate effectively, appropriately and persuasively to both legal and non-legal audiences.

Workload and teaching

  • Workshops24 hours
  • Teaching approachActive learning

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

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 2024 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 2024 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.

More details

Credit points
6
Level
5
Study level
Postgraduate
Faculty
Faculty of Law
Type
Coursework
EFTSL
0.125
Student contribution
SCA Band 4
Study abroad
Available
Handbook years
202220232024202520262027