78231 Commercial Trade and Transport Law
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Credit points: 8 cp
Result type: Grade and marks
Requisite(s): 78100c Postgraduate Legal Research
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76050 Commercial Trade and Transport Law
Description
This subject examines the various sources of law that govern and impact upon the trade and transport of goods to and from Australia. The first part covers commercial maritime law. Topics examined include an overview of international trade processes; Australia's trade and transport industry; the international and Australian sources of law that regulate commercial shipping activities; maritime law concepts on the ownership, financing and arrest of ships; maritime transport documentation including bills of lading and charter parties; sources of liability; liability limitation; and marine insurance. The second part covers commercial aviation law. Topics examined include the international and Australian sources of law regulating the carriage of goods by air and aviation insurance. The subject concludes by examining recent international developments relating to the multimodal transport of goods.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | appreciate the legal and commercial factors that impact on the regulation of trade and transport activities in Australia; |
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| 2. | develop the ability to apply the relevant legal principles from applicable sources of law to common fact scenarios involving the determination of liability in the Australian trade and transport sector; |
| 3. | develop an appreciation of the international nature of trade and transport law. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (1.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0) - Communication and Collaboration
Effective and appropriate professional communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately (5.0)
Teaching and learning strategies
Strategy 1: Seminar discussions. This course will be taught in a series of 3 hour seminars. Each seminar will include a lecture component and small and large group discussions on pre-assigned problems and discussion questions.
Strategy 2: Class presentations. Each student will prepare a practical case study based on a pre-assigned topic to analyse the operation of the legal and commercial issues. This will be presented to the class for group discussion and submitted as a short written assignment.
Strategy 3: Practitioner speakers. The course will feature several practitioners as guest speakers which will provide a practical focus on the application of the law.
Content (topics)
- Introduction and overview
- Regulation of commercial shipping: International
- Regulation of commercial shipping: Australia
- Maritime law concepts
- Carriage by sea: Documentation
- Carriage by sea: Sources of liability
- Carriage by sea: Limitation of liability
- Marine insurance
- Carriage by air: Overview
- Carriage by air: International conventions
- Carriage by air: Australian legislation
- Multimodal transport
Assessment
Assessment task 1: Research Assignment
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
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| Weight: | 50% |
Assessment task 2: Class presentation and paper
| Objective(s): | This task addresses the following subject learning objectives: 1 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
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| Weight: | 30% |
