Note: This is an archived Handbook entry from 2010.
| Credit Points: | 12.50 |
| Level: | 7 (Graduate/Postgraduate) |
| Dates & Locations: | This subject has the following teaching availabilities in 2010: November, Parkville - Taught on campus. | Pre-teaching Period Start | not applicable | | Teaching Period | not applicable | | Assessment Period End | not applicable | | Last date to Self-Enrol | not applicable | | Census Date | not applicable | | Last date to Withdraw without fail | not applicable |
Timetable can be viewed here. For information about these dates, click here. |
| Time Commitment: | Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject. |
| Prerequisites: | Visit the Melbourne Law Masters website for more information about this subject. |
| Corequisites: | Visit the Melbourne Law Masters website for more information about this subject. |
| Recommended Background Knowledge: | Visit the Melbourne Law Masters website for more information about this subject. |
| Non Allowed Subjects: | Visit the Melbourne Law Masters website for more information about this subject. |
| Core Participation Requirements: | Visit the Melbourne Law Masters website for more information about this subject. |
| Subject Overview: |
Principal issues to be discussed, by way of a comparative approach focusing on Australia, the United Kingdom and Singapore, include:
- Legislation specifically applicable to residential construction
- Legal protection for 'consumers' in relation to residential construction
- Legal obligations undertaken by the seller in relation to the quality of a new residential building
- Means by which an off-plan buyer of a new residential house or unit may be protected against the financial failure of a project party
- Remedies in relation to defects in the structure or common parts of multi-unit developments
- Rights of successors in title to enjoy the remedies against the developer or any other project party responsible for defects
- The impact of limitations periods upon remedies for different categories of defects
- Funding and managing claims against the developer or other parties
- The role of insurance in protecting home-owners against the costs of repairs or defects claims
- The impact of mandatory or voluntary registration or accreditation systems for residential developers and suppliers of construction services
- Legal issues arising in the long term maintenance/facilities management of substantial residential estates.
|
| Objectives: |
A student who has successfully completed this subject should:
- Understand in a comparative context the aims and methods of the law as it applies to the delivery of residential construction projects
- Be familiar with the interaction between private and public law in regulating the process of construction in a residential context
- Have a detailed understanding of the problems of bringing legal actions for defects in the context of multi-occupation residential developments
- Appreciate the impact of special legal protection for parties treated by the law as weaker in bargaining terms
- Understand the impact and usefulness of sectoral insurance and warranty schemes and their effect in ensuring quality of construction and in offering claims resolution systems
- Be familiar with the procedural, funding and management issues which impact on litigation for housing defects
- Be aware of legal and quasi-legal governmental interventions in relation to housing construction, repairs and improvements via registration and accreditation schemes
- Be able to contribute meaningfully to ongoing debates about optimal ways of dealing with these matters at a policy level.
|
| Assessment: |
Take-home examination (100%) (14-17 January 2011)
or
10,000 word research paper (100%) (24 February 2011) on a topic approved by the subject coordinator |
| Prescribed Texts: | Visit the subject website for more information |
| Breadth Options: | This subject is not available as a breadth subject. |
| Fees Information: | Subject EFTSL, Level, Discipline & Census Date |
| Generic Skills: | Visit the Melbourne Law Masters website for more information about this subject. |
| Links to further information: | http://www.masters.law.unimelb.edu.au/ |