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.
- Corporations as plaintiffs — standing, authority, public corporations as model litigants, ethical and practical issues.
- Corporations as defendants — criminal, commercial, public interest and shareholder actions.
- Corporations, representation and evidence — in-house advice and representation, confidentiality, privilege, duties in discovery.
- Corporations and legal costs — principles, exposure and security for costs.
- Corporations, settlements, judgments and insolvency.
- Corporations through their human agents — director's and employee's responsibility, liability and indemnity.
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||critically analyse and assess recent cases in specific issues in corporate litigation|
|2||apply advanced theory and procedural rules to the conduct of litigation by corporate entities|
|3||demonstrate advanced understanding and ability to synthesize high level advice on problems arising in and from litigation involving corporations|
On completion of this unit, students should be able to:
- critically analyse and assess recent cases in specific issues in corporate litigation
- apply advanced theory and procedural rules to the conduct of litigation by corporate entities
- demonstrate advanced understanding and ability to synthesize high level advice on problems arising in and from litigation involving corporations
Prescribed Learning Resources
- Prescribed text information is not currently available.
- Prescribed resources/equipment information is not currently available.
Teaching and assessment
|Structured online learning|
|Peer review of two reports submitted for assessment task 1 providing constructive commentary and feedback||10%|
|Exam: take home||40%|
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