Faculty of Law

Monash University

Postgraduate - Unit

This unit entry is for students who completed this unit in 2014 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
OfferedNot offered in 2014
Coordinator(s)Dr Normann Witzleb; Dr Sirko Harder; The Hon. Justice Tony Pagone



This unit will examine important remedial issues in commercial disputes and how they can be effectively resolved. It bridges the divide between remedies law, civil procedure and dispute resolution. Issues addressed include pre-emptive remedies, enforcement of bargains, damages for economic loss under common law and statute, the resolution of disputes in commercial partnerships and modern strategies for dispute resolution.


On completion of the unit a student should:

  1. understand the interaction of remedies, civil procedure and dispute resolution in commercial disputes
  2. have acquired specific knowledge in the areas of pre-emptive remedies, enforcement of bargains, redress of economic loss, partnership disputes and strategies for dispute resolution
  3. be able to critically examine current issues concerning remedies in commercial disputes
  4. be able to solve practical problems in commercial disputes and to provide clear and accurate advice to clients.


Research assignment (3,750 words): 50%
Take-home examination (3,750 words): 50%

Chief examiner(s)

Workload requirements

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)


Either LLB or LAW7429 Contract B and LAW7266 Principles of Torts.


LAW7272 Principles of civil procedure if no LLB.