Word limit is 2500 words
The trick to success is to identify as many of the issues in the problem questions as you can and deal with them by outlining the law and applying the law to each relevant fact in the scenario. Make sure you identify all relevant law which includes relevant sections from Acts and cases. Facts of cases do not need to be similiar only the principles extracted from these cases. Suggest any possible defences and/or remedies also. You only have 1250 words for each question so the trick is to identify and apply as much as you can with as few words as you can. This doesn’t mean in point form either and don’t waste any unnecessary words by repeating the facts or going on frolics all of you own.
please ensure you outline an argument and use the materials you have learnt to support your argument.
Criteria:
This task addresses the following subject learning objectives:
1, 3 and 4
This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.4.1, LAW.5.1 and LAW.6.1
50%
The exam will be OPEN BOOK. It will consist of a number of problem questions that draw on the concepts identified during semester, particularly during the group-work problems completed in class. Further information regarding the content and format of the exam will be provided during semester.
There will be a 12 hour window within which to complete and submit the Exam.
Identification of marketing law issues (SLO1, GA1)
Application of relevant law to identified issues (SLO3 & 4, GA1) Identification of relevant sources (SLO4, GA1 & GA5)
Logical, succinct and clear answers (SLO4, GA5).
Required texts
Mark Bender et al, Marketing and the Law (LexisNexis Butterworths, 6th ed, 2020)
Earlier editions of the textbook are not recommended as the law in this area changes quickly.
Recommended texts
Kathy Bowrey et al, Australian Intellectual Property Law: Commentary, law and practice (Oxford University Press, 2nd ed, 2015)
Alex Bruce, Consumer Protection Law in Australia (LexisNexis Butterworths, 3rd ed, 2019)
Stephen Corones and Jeannie Paterson, Corones’ Australian Consumer Law (Thomson Reuters (Professional)
Australia, 4th ed, 2019)
Stephen Corones and Philip Clarke, Australian Consumer Law – Commentary & Materials (Thomson Reuters (Professional) Australia, 5th ed, 2015)
Mark Davison, Ann Monotti and Leanne Wiseman, Australian Intellectual Property Law (Cambridge University Press, 4th ed, 2020)
Arlen Duke, Corones’ Competition Law in Australia (Thomson Reuters (Professional) Australia, 7th ed, 2018)
Anne Fitzgerald and Eliades Dimitrios, Introduction to Intellectual Property (Thomson Reuters (Professional) Australia,
4th ed, 2015)
Colin Lockhart, The Law of Misleading or Deceptive Conduct (LexisNexis Butterworths, 5th ed, 2018)
Russell Miller, Australian Competition and Consumer Law Annotated (Thomson Reuters (Professional) Australia, 41st ed, 2019)
02/08/2022 (Spring 2022) © University of Technology Sydney Page 6 of 9
Rocque Reynolds, Natalie Stoianoff and Alpana Roy, Intellectual Property: Text and Essential Cases (Federation Press, 5th ed, 2015)
Andrew Stewart et al, Intellectual Property in Australia (LexisNexis Butterworths, 6th ed, 2017)
Ray Steinwall, Annotated Competition and Consumer Act 2010 (Lexis Nexis Butterworths, 2017 edition)
Andrew Terry and Des Guigni, Business and the Law (Thomson Reuters (Professional) Australia, 7th ed, 2018)
Clive Turner and John Trone, Australian Commercial Law (Thomson Reuters (Professional) Australia, 32nd ed, 2018) William van Caenegem, Intellectual and Industrial Property (LexisNexis Butterworths, 3rd ed, 2019)
References
Access the following useful resources on Lexis Advance Pacific via the UTS Library
Australian Intellectual Property Law Bulletin (newsletter) Competition and Consumer Law Journal
Competition and Consumer Law News (newsletter) Halsbury’s Laws of Australia
Internet Law Bulletin
Access the following useful resources on Westnet AUvia the UTS Library
Australian Business Law Review
Australian Intellectual Property Journal
Australian Journal of Competition and Consumer Law The Laws of Australia
Other resources
The following websites will also be useful
Ad Standards www.adstandards.com.au
Association for Data-driven Marketing and Advertising http://www.adma.com.au Australian Competition and Consumer Commission http://www.accc.gov.au Australian Copyright Council http://www.copyright.org.au
Australian Consumers Association www.choice.com.au
Federal Privacy Commissioner www.privacy.gov.au
