Commercial Litigation

This subject provides an overview of commercial disputes, with particular focus on causes of action and remedies in commercial disputes. It is designed to expand your knowledge of contract law and to provide insight into the complexities of the typical commercial context in which litigators operate. This subject also examines tortious, equitable and statutory causes of action.

This foundational subject covers the purpose of, and law and practice relating to, pre-trial processes in commercial litigation. It focuses on the skills of analysis, problem solving and strategy in effectively carrying out the procedures required as a matter in the Federal Court progresses on its way to trial, including seeking interlocutory orders and directions. In addition, it will cover how to obtain instructions, give advice and utilise these procedures in the most efficient and effective manner to advance the clients’ interests.

This subject sets out the range of strategic choices available when a client is in dispute or anticipates a dispute. It is designed to enable students to identify and evaluate the main dispute resolution processes applicable in commercial matters and develop effective pre-trial strategies.

Complex litigation can arise in a number of circumstances. It can include litigation involving multiple parties, voluminous statements of evidence, fast-paced and tightly managed court timetables, extensive discovery and numerous interlocutory procedures. It may also take the form of a representative or group proceeding (ie class action). To ensure that the proceedings run smoothly and both the court and the client are kept informed, careful case management is required. This will usually involve additional human resources and specialised technology to enable compliance with electronic discovery protocols and completion of detailed evidence.

The building and construction industry in Australia is very large and generates a lot of disputes. With every building project that experiences a delay, or worse, comes to a complete standstill, there are delays, potential job losses, lost revenue and in some cases, corporate collapses. Building and construction law covers large-scale commercial developments to small home improvement jobs. There are specific processes set up to deal with these disputes and to avoid or minimise the loss when a project does not proceed according to the building contract and plan. Large matters often proceed through the relevant technology and construction list in the Supreme Court, while smaller matters will often be dealt with expeditiously under the security of payment legislation. Building contracts will also usually compel the parties to use alternative dispute resolution to resolve the dispute.

The insurance industry is a source of litigation both within Australia and overseas. Throughout their career, insurance lawyers may see themselves working on minor claims of only a few thousand dollars through to multi-million dollar claims. For any commercial litigator in Australia, knowledge of insurance law will aid practical success in recovering judgment and awareness of an insurers' roles in commercial litigation. With globalisation and thus the cross-boundary nature of corporate insurers, knowledge of international dispute resolution trends and private international law is also becoming increasingly relevant to insurance litigators.  This subject will highlight important and common aspects of insurance disputes, raise awareness of potential issues in insurance law and enable you to practice in insurance litigation.

This subject focuses on the evaluation and employment of strategies for the enforcement of copyright, design, patents and trademarks. This subject will provide you with the tools to formulate courses of action and to advise clients on strategy, risk, costs and success prospects together with foundations for advanced and integrated understandings of the subject.

This subject deals with insolvency disputes and proceedings, and the administration and management of insolvency matters following appointment of an insolvency practitioner, including issues and proceedings arising after commencement of a formal insolvency administration.

This subject deals with the main aspects of corporations litigation. It covers the various parties that may be involved and the various grounds for disputes. As shown in this subject, the multi-party structure of the corporation may itself provide grounds for disputes. Understanding the way corporations operate and the legal principles applying to corporations may provide the key to success in disputes.

This subject covers the nature of competition law disputes. It looks at the regulatory environment (including the Australian Competition and Consumer Commission (ACCC)) and the strategies and major issues prior to and after commencement of competition litigation.

The Capstone Project is taken as your final subject, as a culmination of the knowledge and skills attained throughout your major. It will allow you to demonstrate your skills in a specialist practice area using real-life scenarios and case studies.

Throughout the intake, you will receive individualised feedback from your lecturer and will also have access to a rich array of skills modules that include guides, samples, and practice exercises for honing your legal skills.

The highlight of the Capstone Project is the final task, where you will prepare a Final Portfolio that demonstrates your legal writing, research, and oral skills.

The subject has four components:

• Four short answer questions
• Two legal writing samples
• Oral communication (e.g. client interview) assessment held through online conferencing
• Reflective analysis of oral communication

The fee per subject in 2022 is $3,450 (no GST applies). However, our fees are reviewed annually and may vary during your enrolment.