Unit of Study LAWS6004 Litigation and Corporations (2024)

Unit description

Focuses on exploring specific issues impacting on corporations involved in litigation including; obligations of a corporation as a litigating party, duties to mediate, authority to commence proceedings and represent the corporation, discoverability and confidentiality of in-house advice and reports, interlocutory and final party-party costs applications, specific issues in enforcement of judgments and employee’s and director’s liability. The unit will traverse the rules of civil procedure and will examine specific areas of law where specific provisions impact on corporate entities by examination of relevant legislation, rules and cases.

Unit content

Module 1: Corporations as plaintiffs — standing, authority, public corporations as model litigants, ethical and practical issues.

Module 2: Corporations as defendants — criminal, commercial, public interest and shareholder actions.

Module 3: Corporations, representation and evidence — in-house advice and representation, confidentiality, privilege duties in discovery.

Module 4: Corporations and legal costs — principles, exposure and security for costs.

Module 5: Corporations, settlements, judgments and insolvency.

Module 6: Corporations through their human agents — director's and employee's responsibility, liability and indemnity.