CIVIL PROCEDURE

LAW5CVP

2018

Credit points: 15

Subject outline

Students in this subject examine the procedural rules governing the handling of civil litigation. The following topics are covered: the overarching principles governing civil procedure; the civil jurisdiction of Australian courts; initiating proceedings; parties to litigation; the duty to exchange information; interlocutory orders; summary judgment; extra-judicial determination of issues; alternative dispute resolution during the civil process and settlement; trial; appeals; costs; and enforcement of judgements.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorMagda Karagiannakis

Available to Study Abroad StudentsYes

Subject year levelYear Level 5 - Masters

Exchange StudentsYes

Subject particulars

Subject rules

PrerequisitesN/A

Co-requisites LAW5EVP

Incompatible subjects LAW2CIV LAW3CIV

Equivalent subjectsN/A

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsSupreme Court (General Civil Procedure) RulesPrescribedLatest VersionOnline
ReadingsCivil Procedure: Cases and MaterialsRecommendedColbran et al, Latest EditionLexis Nexis

Graduate capabilities & intended learning outcomes

01. Demonstrate an advanced and integrated understanding of how grievances are translated into a legal claim or defence in written form using the conventions of legal drafting

Activities:
1. Utilisation of lecture,seminar and online materials. 2. Completion of prescribed reading and online tasks. 3. Preparations for seminars 4. Completion of Assignment.

02. Demonstrate an advanced and integrated understanding of how to pursue a legal claim or defence for a client as effectively as possible.

Activities:
1. Utilisation of lecture,seminar and online materials. 2. Completion of prescribed reading and online tasks. 3. Preparations for seminars 4. Completion of Assignment.and Exam.

03. Critically analyse, evaluate and apply civil procedure laws and rules, in order to find solutions to legal disputes.

Activities:
1. Utilisation of lecture,seminar and online materials. 2. Completion of prescribed reading and online tasks. 3. Preparations for seminars 4. Completion of Assignment.and Exam.

Subject options

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Start date between: and    Key dates

City Campus, 2018, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorMagda Karagiannakis

Class requirements

Lecture/Seminar Week: 10 - 22
One 2.5 hours lecture/seminar per week on weekdays at night from week 10 to week 22 and delivered via face-to-face.

Unscheduled Online Class Week: 10 - 22
One 6.0 hours unscheduled online class per study period on any day including weekend at night from week 10 to week 22 and delivered via online.

Assessments

Assessment elementComments% ILO*
Take Home Assignment (2,000 words)40 01, 02, 03
Take Home Exam (3,500 words)60 02, 03

City Campus, 2018, Semester 2, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorMagda Karagiannakis

Class requirements

Lecture/Seminar Week: 31 - 43
One 2.5 hours lecture/seminar per week on weekdays at night from week 31 to week 43 and delivered via face-to-face.

Unscheduled Online Class Week: 31 - 43
One 6.0 hours unscheduled online class per study period on any day including weekend at night from week 31 to week 43 and delivered via online.

Assessments

Assessment elementComments% ILO*
Take Home Assignment (2,000 words)40 01, 02, 03
Take Home Exam (3,500 words)60 02, 03