This unit examines the principles and rules applicable to the conduct of civil litigation in Australian courts including areas of focus such as jurisdiction, service of process, pleadings, interlocutory applications, judgments and enforcement. This unit covers the areas of prescribed knowledge for civil procedure identified in the Uniform Admission Rules Schedule 1.
Topic 1: The adversarial system and court management and adjudication
Topic 2: Jurisdiction, initiation of process and service
Topic 3: Joinder of claims and parties, representative and class actions
Topic 4: Defining issues for trial via pleadings: rules sanctions and consequences
Topic 5: Marshalling evidence – Discovery, Interrogatories, Notices to Admit and Subpoena
Topic 6: Litigation costs – security for costs, Solicitor/client and party/party costs, indemnity costs and offers of compromise
Topic 7: Disposition without trial – ADR requirements and options
Topic 8: Interlocutory applications and adjournments
Topic 9: Judgment and settlement
Topic 10: Appeals
Topic 11: Enforcement and contempt proceedings
Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.
|On completion of this unit, students should be able to:|
|1||demonstrate an understanding of the principles and rules which govern the conduct of civil litigation in Australian jurisdictions|
|2||apply the relevant principles and rules of civil litigation to formulate responses to hypothetical scenarios|
|3||demonstrate a high level of skill in the application of relevant rules to the preparation of pleadings and other documents typically required in the conduct of civil litigation|
On completion of this unit, students should be able to:
- demonstrate an understanding of the principles and rules which govern the conduct of civil litigation in Australian jurisdictions
- apply the relevant principles and rules of civil litigation to formulate responses to hypothetical scenarios
- demonstrate a high level of skill in the application of relevant rules to the preparation of pleadings and other documents typically required in the conduct of civil litigation
Prescribed Learning Resources
- Colbran, S, Spender, P, Douglas, R & Jackson, S, 2019, Civil Procedure Commentary and Materials, 7th edn, LexisNexis, Australia. ISBN: 9780409348842.
Teaching and assessment
Commonwealth Supported courses
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