Faculty of Law

Monash University

Postgraduate - Unit

This unit entry is for students who completed this unit in 2012 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered, or view unit timetables.

FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 3 2012 (Day)


For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html


The aim of this unit is to identify important legal issues that arise in facilitation and regulation of electronic commercial transactions, most notably private commercial law issues related to contracts and payment systems & their impact upon the daily life of practioners. Reference will also be made to public law issues related to regulation of the infrastructure of electronic commerce such as tax policy and encryption, the scope and effect of Electronic Transactions Act 1999 (C'th). and the UNCITRAL model laws. The unit will consider related competition and trade practices issues, as well as consumer protection, privacy and cybercrime.


On successful completion of this unit, students should have:

  1. a thorough knowledge of the scope and effect of the Electronic Transactions Act 1999 (C'th)
  2. an understanding of the current problems associated with electronic transactions and the extent to which the existing legal regime facilitates or impedes those transactions
  3. an awareness of international developments relating to electronic transacting and also the current issues relating to cross border transacting
  4. an understanding of likely trends for future development of the legal regime relating to electronic transacting.


Reseach paper (3,750 words): 50%
Take-home examination (3,000 words): 40%
Class participation: 10%.

Chief examiner(s)

Professor Jane Winn

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.