This course provides students with an in-depth understanding of the processes and strategic aspects of dispute resolution in commercial contexts. The course will expose students to typical scenarios where commercial disputes arise domestically or in in a cross border context across a range of legal areas such as contracts, insurance, leasing, property, trade and investment. In addition to exposing students to litigation process and strategy, the course will also enable an appreciation of the role of ADR in dispute resolution, including domestic mediation and international arbitration.
Availability2022 Course Timetables
Newcastle City Precinct
- Winter - 2022
On successful completion of the course students will be able to:
1. Demonstrate advanced knowledge of the processes, strategies and dispute tools involved in complex commercial disputes.
2. Demonstrate advanced knowledge of statutory provisions, case law and practice pertaining to commercial dispute resolution in Australia.
3. Apply acquired legal knowledge in solving practical problem cases.
4. Evaluate key policy debates and practice surrounding alternative dispute resolution particularly in relation to forum selection.
5. Identify correct legal strategies and forums for particular disputes.
6. Apply commercial reasoning to disputes and identify practical commercial outcomes which may be achieved.
The topics in this course include the following:
- The context of commercial disputes;
- Applicable domestic and international legal rules, their history and principles;
- Legal and extra legal processes applicable to comercial disputes;
- Commercial dispute resolution in context: contracts, construction, insurance, leasing, property, trade and investment law.
- Alternative dispute resolution including domestic mediation, international arbitration and investor state dispute resolution options.
LAWS6000 Legal System and Method I, and LAWS6001 Legal System and Method II
LAWS6002A Torts Part A, or LAWS6120 Torts I
LAWS6002B Torts Part B, or LAWS6121 Torts II
LAWS6003A & LAWS6003B Criminal Law & Procedure Part A & B, or LAWS6130 Criminal Law & Procedure
LAWS6004A Contracts Part A, or LAWS6140 Contracts I
LAWS6004B Contracts Part B, or LAWS6141 Contracts II
LAWS6018 Commercial Law
Participation: Preparation for and participation in intensive learning sessions.
In Term Test: Take home test
Newcastle City Precinct
Face to Face On Campus 36 hour(s) per Term Full Term
36 hours of seminar classes across the compressed semester or equivalent online and/or blended learning.
The University of Newcastle acknowledges the traditional custodians of the lands within our footprint areas: Awabakal, Darkinjung, Biripai, Worimi, Wonnarua, and Eora Nations. We also pay respect to the wisdom of our Elders past and present.