Graduate Diploma in Construction Law

The specialisation in construction law has been tailored to give construction lawyers and professionals in building, construction, engineering and associated industries the specialised legal knowledge to take the next step in their careers. Working with lecturers who are leaders in their fields, and fellow students from Australia and around the world, students have a unique opportunity to gain a thorough understanding of this specialised area of law and its interaction with the commerce and practice of the industry.

• Have advanced knowledge within a systematic and coherent body of knowledge relating to the field of construction law, including the acquisition and application of knowledge and skills in relation to:
  • the common law principles and statutory regimes that impact upon construction and related projects in Australia and the relationship of such laws with the technical and commercial underpinnings of the industry
  • the international aspects of construction law and practice, including comparisons with that applicable in Australia
  • the principles underpinning the drafting of construction contracts and amendment of standard-form construction contracts
  • the avoidance, management and resolution of construction claims and disputes
• Have advanced cognitive, technical and communication skills that enable them to:
  • analyse critically, evaluate and convey information and
  • generate ideas and solutions to complex problems from both theoretical and practical perspectives in the subjects studied in the field of construction law
• Apply knowledge and skills to demonstrate autonomy, well-developed judgement, adaptability and responsibility as a practitioner or learner in the field of construction law.

Students must complete four subjects from the prescribed list.

Of those four subjects, at least three must be from the Core Construction Law list and may not include both Principles of Construction Law and Construction Law. Students who do not have a law degree from a common law jurisdiction or any prior legal studies or experience are also expected to complete the two-day preliminary subject Australian Legal Process and Legal Institutions.

2015 Subjects

Core Construction Law subjects

• Advanced Construction Law LAWS70128
• Construction Contract Analysis and Drafting LAWS70270
• Construction Dispute Resolution LAWS70133
• Construction Law LAWS70176
• Construction Law and Projects in Asia LAWS90014
• Construction Risk: Allocation and Insurance LAWS70149
• International Construction Law LAWS70139
• Managing Legal Risk in Construction (Formerly Legal Risk Management in Construction) LAWS70441
• Payment Matters in Construction Projects LAWS70239
• Principles of Construction Law LAWS70314
• Public Private Partnerships Law LAWS70113
• Remedies in the Construction Context LAWS70112
• Specialised Construction Procurement Law LAWS70436
• Sustainable Urban Construction Law LAWS90029

Other subjects

• Australian Consumer Law LAWS70380
• Bargaining at Work (Formerly Bargaining at Work and Industrial Action) LAWS70135
• Consumer Redress and Product Defects LAWS90015
• Contract Interpretation (Formerly Commercial Contracts) LAWS70335
• Contract Termination LAWS70444
• International Commercial Arbitration LAWS70121
• Labour Standards under the Fair Work Act (Formerly Regulating Working Conditions) LAWS70197
• Liability Insurance Law LAWS90025
• Petroleum Law LAWS70041
• Precontractual Liability LAWS90027
• Project Finance LAWS70205
• Statutes in the 21st Century LAWS70404
• Workplace Health and Safety LAWS70053

• A degree in Law (LLB, JD or equivalent) at honours standard or equivalent leading to admission to legal practice;
  or
• A degree in Law (LLB, JD or equivalent) leading to admission to legal practice and at least one year of documented, relevant professional experience;
  or
• An undergraduate degree in a relevant discipline and at least one year of documented, relevant professional work experience.

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

• The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/

1. Advanced understanding of the changing knowledge base in the relevant area of law
   The specialist focus of the Melbourne Law Masters, the constant review and renewal of subjects and courses, the range and expertise of instructors from Australia and around the world, and regular advice from our advisory boards combine to ensure that courses and subjects reflect emerging knowledge and ideas
2. Ability to evaluate and synthesise existing knowledge in the area
   Small classes, a discussion-based environment and the emphasis on quality teaching and learning create an environment in which knowledge is exchanged, critically examined and adapted to current circumstances
3. Well-developed problem solving abilities, characterised by flexibility of approach
   Most subjects approach knowledge by reference to various issues or problems. Students are encouraged to critically analyse problems and identify and develop a range of appropriate solutions through class discussion, individual study and assessment tasks.
4. Advanced competencies in legal research and analysis
   Class preparation and class discussions are designed to enhance these skills, which are tested in all forms of assessment.
5. Capacity to communicate, orally and in writing
   Classroom discussion and formal presentations provide an opportunity to hone oral communication skills, and written assessment tasks are graded in part on written communication skills.
6. Appreciation of the design, conduct and reporting of original research
   Research papers and other research tasks are expected to attain a degree of originality and discovery that befits a quality postgraduate program, and students are encouraged and assisted to publish work of a high standard in refereed journals.
7. Capacity to manage competing demands on time
   The demanding nature of graduate study requires effective time-management skills from all students. The rigour of our programs, whether undertaken part-time or full-time, ensures that all successful graduates have enhanced time-management skills.
8. Profound respect for truth and intellectual integrity, including the ethics of scholarship
   Some subjects have a substantive ethical component. All instructors have a respect for intellectual integrity and are skilled scholars or practitioners in their own right.
9. Appreciation of the way in which knowledge provides a foundation for leadership
   Instructors in the Melbourne Law Masters are leaders in their fields, and many subjects involve visiting academics, exposing students to a wider array of leaders in a range of legal fields. The Law School is committed to the significance of knowledge, which informs all regular programs and a wide range of additional activities.
10. Capacity to value and participate in teamwork
    Small class sizes and an intensive teaching format are valuable in encouraging group dynamics and teamwork.
11. Understanding of the significance and value of knowledge to the wider community
    Law and legal knowledge are a community resource. In some subjects, this perspective is covered explicitly by the syllabus and the manner in which issues are treated in class. In addition, our diverse student body ensures that a range of perspectives on the way law impacts on the community are identified and analysed.
12. Capacity to engage with issues in contemporary society
    Our programs focus on the most up-to-date legal knowledge, analysing current issues and problems through the curriculum design, classroom discussion and assessment tasks. International students are also invited to participate in extracurricular activities to aid understanding of Australian law and legal institutions.
13. Advanced working skills in the use of new technology
    The most advanced IT infrastructure is available to Melbourne Law Masters students in the Law Library, the Moot Court Room, classroom settings and for private study.