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GRADUATE DIPLOMA OF APPLIED LAW (COMMERCIAL LITIGATION)

  • 4 subjects
  • $3,950 per subject
  • FEE-HELP eligible
  • 1 year part-time
  • 4 intakes per year: Feb, May, Aug, Nov

DEVELOP THE SKILLS TO NAVIGATE COMMERCIAL DISPUTES

When commercial disputes escalate and require legal intervention, commercial litigation lawyers are critical in steering resolution through the courts or alternative dispute resolution. For a career in commercial litigation, you’ll need the ability to navigate key areas of law, causes of action and procedures.  Mastering these legal complexities will prepare you to handle diverse cases and protect your clients' interests in a wide range of commercial disputes.

A Graduate Diploma of Applied Law (Commercial Litigation) provides an overview of commercial disputes, with a particular focus on causes of action and remedies in commercial disputes. It is designed to expand your knowledge of contract law and pre-trial processes in commercial litigation. It will also provide insight into the complexities of the typical commercial context in which litigators operate.

To complete this award, you must choose:

  • 3 core subjects (CLP1, CLP2, CLP3)
  • 1 CLP elective subject

 

Plan your studies

Looking to plan your postgraduate program?

  1. Use the tool below to explore subjects by practice area and intake date.
  2. Prefer to review offline? Download the full PDF for a complete overview of all your options.

HOW TO ENROL

Follow these steps to complete your enrolment in a postgraduate program.

  1. Choose your first subject
    We recommend enrolling in one subject per intake. Enrolling in two subjects may require up to 25 hours of study per week.

  2. Gather your documents - You'll need your documents to upload when completing the online enrolment form
    • Academic Records
      You’ll need to submit one of the following:
        • Official academic transcript (LLB, JD, Dip Law)
        • Graduation certificate
        • Admission certificate
        • Current practising certificate
    • Recognition of prior learning (if applicable)
      Submit any relevant postgraduate certificates or qualifications if applying for RPL.

    • Proof of name change (if applicable)
      If your name has changed, provide certified proof.

    • Unique student identifier (USI)
      A USI is required by the Australian Government for all students (except offshore international students). Create or find your USI here.

  3. Payment or financial assistance
    Have your payment details or tax file number (TFN) ready if applying for FEE-HELP through the Commonwealth Government FEE-HELP scheme.

  4. Submit your enrolment
    Once ready, complete and submit your online enrolment.

Need help?
For assistance, contact Customer and Student Engagement at 1300 506 402 or email postgrad@collaw.edu.au

RE-ENROLMENTS

Re-enrolling for your next subject is simple!

Once you've enrolled in your chosen Award program, re-enrolling for the next subject is easy. Simply follow these steps:

  1. Choose your next subject.
  2. Log in to the customer portal.
  3. Complete the re-enrolment form and select your payment option.

FEES

Here’s what you need to know:

  • The fee per subject in 2024 is $3,950 (no GST applies)
  • The fee per subject in 2025 is $4,150 (no GST applies)
  • Our fees are reviewed annually and may vary during your enrolment
  • You need to pay your fees in full at the time of enrolment each semester.
  • We accept cheque, EFT and credit card.
  • Study Assist FEE HELP - If you’re an Australian citizen, NZ citizen or you hold a permanent humanitarian visa, you may be able to defer payment through the Australian Government StudyAssist FEE-HELP scheme.

Good news! There’s no need to pay for your entire qualification upfront. Instead, you can pay as you learn – subject by subject. Which means, you can start off small by building your own Graduate Certificate, or Graduate Diploma, and then progress to a Master of Laws later, if you choose.

Please refer to our Policy Index - 1.3.11 Withdrawal policy.

 

Kay Smith Scholarship

The Kay Smith Scholarship honours one of the longest serving and most respected people of The College of Law. It is designed to support the education aspirations of outstanding law graduates and young lawyers. Learn more.

PREREQUISITES

You must hold a recognised law degree (LLB, JD, or equivalent) to enrol in a Postgraduate Program.

ASSESSMENTS

Your assessments may vary from course to course. However, these are the most common assessments that you will need to complete:

  • Oral Assessments
  • Written Assessments
  • Short writing activities
  • Reflection activities

For all student policies refer to our policy index.

COMMERCIAL LITIGATION SUBJECTS

CLP00 - Capstone Project (Commercial Litigation)

Intake 2, 4
The Capstone Project is taken as the final subject, as a culmination of the knowledge and skills attained throughout the major. It will allow students to demonstrate their skills in a specialist practice area using real-life scenarios and case studies. Throughout the intake, students will receive individualised feedback from their lecturer and will also have access to a rich array of skills modules that include guides, samples, and practice exercises for honing their legal skills. The highlight of the Capstone Project is the final task, where students will prepare a Final Portfolio that demonstrates their legal writing, research, and oral skills.

TOPICS

THE SUBJECT HAS FOUR COMPONENTS

  1. Four short answer questions
  2. Two legal writing samples
  3. Oral communication (e.g. client interview) assessment held through online conferencing
  4. Reflective analysis

CLP1 - Foundations of Commercial Litigation

Intake 1, 3
This subject provides an overview of commercial disputes, with particular focus on causes of action and remedies in commercial disputes. It is designed to expand the knowledge of contract law and to provide insight into the complexities of the typical commercial context in which litigators operate. This subject also examines tortious, equitable and statutory causes of action.

TOPICS

  • Commercial relationships and contractual disputes
  • Cutting across contracts
  • Termination without breach – frustration and mistake
  • Termination for breach of contract
  • Statutory overlays on contracts
  • Negligence, misrepresentation, and misleading and deceptive conduct
  • Damages and other forms of relief

CLP2 - Pre-trial Procedures

Intake 2
This foundational subject covers the purpose of, and law and practice relating to, pre-trial processes in commercial litigation. It focuses on the skills of analysis, problem solving and strategy in effectively carrying out the procedures required as a matter in the Federal Court progresses on its way to trial, including seeking interlocutory orders and directions. In addition, it will cover how to obtain instructions, give advice and utilise these procedures in the most efficient and effective manner to advance the clients’ interests.

TOPICS

  • Advising on commercial disputes
  • Security for costs
  • Preliminary discovery, search orders and freezing orders
  • Commencing proceedings and identification of issues
  • Preparing pre-trial applications and affidavits
  • Gathering and managing evidence
  • Conducting a hearing
  • Early resolution and practical outcomes of proceedings

CLP3 - Dispute Resolution Processes

Intake 4
This subject sets out the range of strategic choices available when a client is in dispute or anticipates a dispute. It is designed to enable students to identify and evaluate the main dispute resolution processes applicable in commercial matters and develop effective pre-trial strategies.

TOPICS

  • Dispute analysis and management
  • Alternative dispute resolution processes
  • Negotiation and conflict-handling skills
  • Expert determination and commercial arbitration
  • Mediation
  • Collaborative law and conciliation
  • Drafting deeds of release
  • Dispute resolution by court hearing

CLP4 - Managing Complex Litigation

Intake 3
Complex litigation can arise in a number of circumstances. It can include litigation involving multiple parties, voluminous statements of evidence, fast-paced and tightly managed court timetables, extensive discovery and numerous interlocutory procedures. It may also take the form of a representative or group proceeding (i.e. class action). To ensure that the proceedings run smoothly and both the court and the client are kept informed, careful case management is required. This will usually involve additional human resources and specialised technology to enable compliance with electronic discovery protocols and completion of detailed evidence.

TOPICS

Taking initial instructions and managing the client Understanding litigation costs Managing a project team Electronic discovery Managing issues of privilege Urgent applications and injunctions Class actions Foreign judgments, service and evidence

CLP11 - Building and Construction Disputes

Intake 1
The building and construction industry in Australia is very large and generates a lot of disputes. With every building project that experiences a delay, or worse, comes to a complete standstill, there are potential job losses, lost revenue and in some cases, corporate collapses. Building and construction law covers large-scale commercial developments to small home improvement jobs. There are specific processes set up to deal with these disputes and to avoid or minimise the loss when a project does not proceed according to the building contract and plan. Large matters often proceed through the relevant technology and construction list in the Supreme Court, while smaller matters will often be dealt with expeditiously under the security of payment legislation. Building contracts will also usually compel the parties to use alternative dispute resolution to resolve the dispute.

TOPICS

  • Understanding building and construction contracts
  • Common disputes issues
  • Resolving disputes: Alternative dispute resolution and legal action
  • Adjudication and judicial review
  • Extra-contractual remedies in construction disputes
  • Actions concerning residential building work

CLP12 - Insurance Disputes

Intake 4
The insurance industry is a source of litigation both within Australia and overseas. Throughout their career, insurance lawyers may see themselves working on minor claims of only a few thousand dollars through to multi-million dollar claims. For any commercial litigator in Australia, knowledge of insurance law will aid practical success in recovering judgment and awareness of an insurers' roles in commercial litigation. With globalisation and thus the cross-boundary nature of corporate insurers, knowledge of international dispute resolution trends and private international law is also becoming increasingly relevant to insurance litigators. This subject will highlight important and common aspects of insurance disputes, raise awareness of potential issues in insurance law and enable students to practice in insurance litigation.

TOPICS

  • Regulatory environment for insurance
  • The contract of insurance
  • Specific insurance issues
  • Preparing and conducting insurance
  • Litigation relating to agents and brokers
  • Reinsurance arbitration

CLP13 - Intellectual Property Litigation

Intake 3
This subject focuses on the evaluation and employment of strategies for the enforcement of copyright, design, patents and trademarks. This subject will provide students with the tools to formulate courses of action and to advise clients on strategy, risk, costs and success prospects together with foundations for advanced and integrated understandings of the subject.

TOPICS

Introduction to intellectual property Intellectual property disputes Pre-emptive strategies for protecting intellectual property Litigation strategy Pleading infringement Defending an action Final relief, and providing and quantifying damages Expert evidence and appeals

CLP14 - Insolvency Litigation

Intake 2
This subject deals with insolvency disputes and proceedings, and the administration and management of insolvency matters following appointment of an insolvency practitioner, including issues and proceedings arising after commencement of a formal insolvency administration.

TOPICS

  • Introduction to insolvency Personal insolvency – bankruptcy proceedings and processes
  • Personal insolvency – administering a bankruptcy
  • Corporate insolvency – voluntary and involuntary liquidation
  • Corporate insolvency – administering a winding up and issues arising in an external administration
  • Corporate insolvency – voluntary administration and deeds of company arrangement
  • Corporate insolvency – receivers, managers and controllers, and the Personal Property Securities Act 2009 (Cth) Examination by liquidators
  • Corporate insolvency – proceedings to recover creditors’ assets and cross-border insolvency

CLP15 - Corporations Litigation

Intake 1
This subject deals with the main aspects of corporations litigation. It covers the various parties that may be involved and the various grounds for disputes. As shown in this subject, the multi-party structure of the corporation may itself provide grounds for disputes. Understanding the way corporations operate and the legal principles applying to corporations may provide the key to success in disputes.

TOPICS

  • Corporate and other business structures
  • Regulatory framework in Australia
  • Obligations of directors and officers; defences, indemnity and directors' and officers' liability insurance
  • Boards and disputes between directors; members' rights and general meetings
  • Securities regulation; responding to an ASIC investigation
  • Shareholder class actions
  • Members’ remedies
  • Managed investment schemes

CLP16 - Competition Litigation

This subject covers the nature of competition law disputes. It looks at the regulatory environment (including the Australian Competition and Consumer Commission (ACCC)) and the strategies and major issues prior to and after commencement of competition litigation.

TOPICS

  • Introduction to competition and consumer law in Australia
  • Identifying the market and understanding competition
  • Restrictive trade practices
  • Consumer protection
  • The written brief and strategies for dispute resolution
  • ACCC investigations
  • Understanding litigation in the Federal Court
  • Expert evidence

START DATES

Nov Intake 4 Feb intake 1 May Intake 2
START DATE 11 Nov 2024 10 Feb 2025 12 May 2025
CENSUS 04 Dec 2024 26 Feb 2025 28 May 2025
END DATE 07 Feb 2025 02 May 2025 02 Aug 2025
Subject Start Date Census End Date Workshop Date
DRP3 - Advocacy 21 Sep 2025 30 Sep 2024 30 Oct 2025
DRP4 - Mediation 05 Oct 2025 01 Jan 0001 13 Nov 2024
EPP2 - Superannuation 01 Jul 2024 10 Jul 2024 09 Aug 2024
FDR1 - Family Law and Mediation 10 Feb 2025 17 Feb 2025 21 Mar 2025

3 - 5 March 2025 NSW & VIC
6 - 8 March 2025 QLD & WA

FDR2 - Children’s Matters, Family Law and Family Dispute Resolution 24 Mar 2025 01 Jan 0001 20 Apr 2025

10 - 12 April 2025 NSW & VIC 
14 - 16 April 2025 QLD & WA

FDR3 - Advanced Family Dispute Resolution 04 Nov 2024 13 Nov 2024 13 Dec 2024

25-27 Nov 2024 NSW & VIC 
28-30 Nov 2024 QLD & WA

26 - 28 May 2025 NSW & VIC
29 - 31 May 2025 QLD & WA

FDR3 - Advanced Family Dispute Resolution 05 May 2025 01 Jan 0001 13 Jun 2025

25-27 Nov 2024 NSW & VIC 
28-30 Nov 2024 QLD & WA

26 - 28 May 2025 NSW & VIC
29 - 31 May 2025 QLD & WA

FDR4 - Case Management in Family Dispute Resolution Capstone 27 Jan 2025 05 Feb 2025 07 Mar 2025

20-22 Feb 2025 NSW & VIC 
17-19 Feb 2025 QLD & WA

10 - 12 July 2025 NSW & VIC
7 - 9 July 2025 QLD & WA 

FDR4 - Case Management in Family Dispute Resolution Capstone 16 Jun 2025 01 Jan 0001 25 Jul 2025

20-22 Feb 2025 NSW & VIC 
17-19 Feb 2025 QLD & WA

10 - 12 July 2025 NSW & VIC
7 - 9 July 2025 QLD & WA 

FDR5 - Virtual Simulated Practice 07 Apr 2025 01 Jan 0001 30 May 2025

Day 1 – 24 April 2025
Days 2 to 4:  29 April - 1 May 2025

LB3 - Business Strategy: Planning for Success 05 May 2025 01 Jan 0001 13 Jun 2025
Subject Start Date Census End Date Workshop Date
FDR1 - Family Law and Mediation 10 Feb 2025 17 Feb 2025 21 Mar 2025

3 - 5 March 2025 NSW & VIC
6 - 8 March 2025 QLD & WA

FDR2 - Children’s Matters, Family Law and Family Dispute Resolution 25 Mar 2024 03 Apr 2024 03 May 2024

17-19 Oct 2024 NSW & VIC
14-16 Oct 2024 QLD & WA  

10 - 12 April 2025 NSW & VIC 
14 - 16 April 2025 QLD & WA

FDR2 - Children’s Matters, Family Law and Family Dispute Resolution 23 Sep 2024 02 Oct 2024 01 Nov 2024

17-19 Oct 2024 NSW & VIC
14-16 Oct 2024 QLD & WA  

10 - 12 April 2025 NSW & VIC 
14 - 16 April 2025 QLD & WA

FDR2 - Children’s Matters, Family Law and Family Dispute Resolution 23 Sep 2024 02 Oct 2024 01 Nov 2024

17-19 Oct 2024 NSW & VIC
14-16 Oct 2024 QLD & WA  

10 - 12 April 2025 NSW & VIC 
14 - 16 April 2025 QLD & WA

FDR2 - Children’s Matters, Family Law and Family Dispute Resolution 24 Mar 2025 31 Mar 2025 02 May 2025

17-19 Oct 2024 NSW & VIC
14-16 Oct 2024 QLD & WA  

10 - 12 April 2025 NSW & VIC 
14 - 16 April 2025 QLD & WA

FDR2 - Children’s Matters, Family Law and Family Dispute Resolution 24 Mar 2025 01 Jan 0001 20 Apr 2025

17-19 Oct 2024 NSW & VIC
14-16 Oct 2024 QLD & WA  

10 - 12 April 2025 NSW & VIC 
14 - 16 April 2025 QLD & WA

FDR3 - Advanced Family Dispute Resolution 06 May 2024 15 May 2024 14 Jun 2024

25-27 Nov 2024 NSW & VIC 
28-30 Nov 2024 QLD & WA

26 - 28 May 2025 NSW & VIC
29 - 31 May 2025 QLD & WA

FDR3 - Advanced Family Dispute Resolution 04 Nov 2024 13 Nov 2024 13 Dec 2024

25-27 Nov 2024 NSW & VIC 
28-30 Nov 2024 QLD & WA

26 - 28 May 2025 NSW & VIC
29 - 31 May 2025 QLD & WA

FDR3 - Advanced Family Dispute Resolution 04 Nov 2024 13 Nov 2024 13 Dec 2024

25-27 Nov 2024 NSW & VIC 
28-30 Nov 2024 QLD & WA

26 - 28 May 2025 NSW & VIC
29 - 31 May 2025 QLD & WA

FDR3 - Advanced Family Dispute Resolution 05 May 2025 12 May 2025 13 Jun 2025

25-27 Nov 2024 NSW & VIC 
28-30 Nov 2024 QLD & WA

26 - 28 May 2025 NSW & VIC
29 - 31 May 2025 QLD & WA

FDR3 - Advanced Family Dispute Resolution 05 May 2025 01 Jan 0001 13 Jun 2025

25-27 Nov 2024 NSW & VIC 
28-30 Nov 2024 QLD & WA

26 - 28 May 2025 NSW & VIC
29 - 31 May 2025 QLD & WA

FDR4 - Case Management in Family Dispute Resolution Capstone 29 Jan 2024 07 Feb 2024 08 Mar 2024

20-22 Feb 2025 NSW & VIC 
17-19 Feb 2025 QLD & WA

10 - 12 July 2025 NSW & VIC
7 - 9 July 2025 QLD & WA 

FDR4 - Case Management in Family Dispute Resolution Capstone 17 Jun 2024 26 Jun 2024 26 Jul 2024

20-22 Feb 2025 NSW & VIC 
17-19 Feb 2025 QLD & WA

10 - 12 July 2025 NSW & VIC
7 - 9 July 2025 QLD & WA 

FDR4 - Case Management in Family Dispute Resolution Capstone 27 Jan 2025 05 Feb 2025 07 Mar 2025

20-22 Feb 2025 NSW & VIC 
17-19 Feb 2025 QLD & WA

10 - 12 July 2025 NSW & VIC
7 - 9 July 2025 QLD & WA 

FDR4 - Case Management in Family Dispute Resolution Capstone 27 Jan 2025 05 Feb 2025 07 Mar 2025

20-22 Feb 2025 NSW & VIC 
17-19 Feb 2025 QLD & WA

10 - 12 July 2025 NSW & VIC
7 - 9 July 2025 QLD & WA 

FDR4 - Case Management in Family Dispute Resolution Capstone 16 Jun 2025 23 Jun 2025 25 Jul 2025

20-22 Feb 2025 NSW & VIC 
17-19 Feb 2025 QLD & WA

10 - 12 July 2025 NSW & VIC
7 - 9 July 2025 QLD & WA 

FDR4 - Case Management in Family Dispute Resolution Capstone 16 Jun 2025 01 Jan 0001 25 Jul 2025

20-22 Feb 2025 NSW & VIC 
17-19 Feb 2025 QLD & WA

10 - 12 July 2025 NSW & VIC
7 - 9 July 2025 QLD & WA 

FDR5 - Virtual Simulated Practice 08 Apr 2024 18 Apr 2024 31 May 2024

 

Day 1 – 24 April 2025
Days 2 to 4:  29 April - 1 May 2025

FDR5 - Virtual Simulated Practice 09 Sep 2024 19 Sep 2024 01 Nov 2024

 

Day 1 – 24 April 2025
Days 2 to 4:  29 April - 1 May 2025

FDR5 - Virtual Simulated Practice 09 Sep 2024 19 Sep 2024 01 Nov 2024

 

Day 1 – 24 April 2025
Days 2 to 4:  29 April - 1 May 2025

FDR5 - Virtual Simulated Practice 07 Apr 2025 17 Apr 2025 30 May 2025

 

Day 1 – 24 April 2025
Days 2 to 4:  29 April - 1 May 2025

FDR5 - Virtual Simulated Practice 07 Apr 2025 01 Jan 0001 30 May 2025

 

Day 1 – 24 April 2025
Days 2 to 4:  29 April - 1 May 2025

I was able to sharpen my skills working on course assignments, which were mostly very practical. I also gained insightful feedback in relation to a number of points that I could improve upon to become a better lawyer.

 Tiago Silva, LLM Graduate- Commercial Litigation

Earlier in my career, flexibility was important to me. I also needed a course that was delivered online. The College of Law’s Masters of Commercial Litigation met both requirements.

Krish Nath, LLM Graduate- Commercial Litigation

INVEST IN YOUR WHERE'S NEXT

PURSUE YOUR PASSION - ADVANCE YOUR EXPERTISE

10
Commercial Litigation subjects to choose from
4
Intakes per year: Feb, May, Aug and Nov
93 %
of alumni recommend our Postgraduate Programs

Discover more

Kay Smith Scholarship

If you’re experiencing financial hardship and unable to afford postgraduate study, see if you are eligible for the The Kay Smith Scholarship. This scholarship honours one of the longest serving and most respected people of The College of Law. It is designed to support the education aspirations of outstanding law graduates and young lawyers.

Got questions or want to enrol?

If you have any questions about subjects, awards, intake dates, or anything else related to our postgraduate programs, don't hesitate to reach out. Book a call with one of our Student and Customer Engagement Advisors who are ready to assist you.

Student success stories

Read how Craig’s postgraduate study accelerated his career by a decade and enabled him to become a specialist and eventually started his own firm.

FREQUENTLY ASKED QUESTIONS

This depends on your workload and your personal situation. If you complete 1 subject every intake you could complete your Graduate Certificate in 6 months.

You can do any of the following without financial penalty any time before the published census date for each intake:

  • Withdraw completely
  • Change the subject or course you are enrolled in
  • Defer it to a subsequent intake (must be within the next 12 months)

We recommend that you set aside 10-12 hours a week on study per subject, 1 unit per semester. Completing two subjects in the same intake may require up to 25 hours of study and readings each week. 

There are four intakes a year: February, May, August and November.

You may be entitled to claim your full 10 units per subject for your CPD requirements.

However, you may still need to complete some mandatory CPD units. Please check with your local law society for the requirements in your state or territory.

WA-based students may claim up to 6 units per subject (6 CPD units for an intensive subject that has a compulsory workshop requirement or 4 CPD units for any other subject). College will lodge the CPD points with the Legal Practice Board on successful completion of the subject(s).

The College’s Credit for Prior Learning Policy encourages practitioners who have completed previous postgraduate and other recognised study to apply for credit towards either the LLM (Applied Law) or the Master of Applied Law (Family Law), not towards a Graduate Certificate or Graduate Diploma awards.

Yes. Many LLM students choose electives from our Legal Business Management course. Please contact us to learn how.

No. To become a Family Dispute Resolution Practitioner, you will need to:

  1. Complete the Graduate Diploma in Family Dispute Practice (FRDP)
  2. Seek accreditation with the Commonwealth Attorney-General’s Department

Many students choose to pursue an LLM with a double major in Family Law and FDRP.

For 2024, each subject in our postgraduate programmes costs $3,950, with no GST applicable. For 2025, each subject in our postgraduate programmes costs $4,150, with no GST applicable.

Please note that our fees are subject to annual review and may change during your enrolment. Full payment is required at the time of enrolment each semester, and we accept various payment methods including cheque, Electronic Funds Transfer (EFT), and credit card. Additionally, if you are an Australian citizen, a New Zealand citizen, or hold a permanent humanitarian visa, you may be eligible to defer your payment through the Australian Government's StudyAssist FEE-HELP scheme.

Yes, if you are an Australian citizen or permanent resident you may be eligible to receive Australan Government StudyAssist FEE-HELP. For more information, download the FEE-HELP Factsheet.

Yes, you can, but Australian Government StudyAssist FEE-HELP will not apply.

Yes. If you are from a non-English speaking country or your previous studies were in a language other than English, you will need to demonstrate your English skills in accordance with the IELTS standard before starting the program.

The requisite IELTS standard is at level 8 (writing), 7 (listening), 7.5 (speaking), 7 (reading), and 7.5 overall.

The Kay Smith Scholarship is designed to assist law graduates and young lawyers in Australia and New Zealand facing financial or personal hardships by covering the costs of a Master of Laws (Applied Law) or a Practical Legal Training course at The College of Law. It honours Kay Smith’s significant contributions to the college. Eligible applicants must demonstrate financial need, academic commitment, and community impact. Applications are due annually by December 15. Learn more.

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