CIVIL PROCEDURE
LAW2CIV
2015
Credit points: 15
Subject outline
In this subject, students will examine the procedural rules governing the handling of civil litigation. Students will examine the overarching principles governing civil procedure, the civil jurisdiction of Australian courts, the duty to exchange information and interlocutory orders. Students will also learn about summary judgment, settlement, trial, appeals' costs, the enforcement of judgements, initiating proceedings and parties to litigation.
School: La Trobe Law School
Credit points: 15
Subject Co-ordinator: Magda Karagiannakis
Available to Study Abroad Students: Yes
Subject year level: Year Level 2 - UG
Exchange Students: Yes
Subject particulars
Subject rules
Prerequisites: LAW1LIM and (LAW2CTA or LAW2CNT) and (LAW2TOT or LAW2TOR)
Co-requisites: N/A
Incompatible subjects: LAW3CIV and LAW30CIV
Equivalent subjects: N/A
Special conditions: Must be admitted to any Bachelor of Laws UG degree or have permission from Law Director of Programs
Learning resources
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Civil procedure. commentary and materials(Latest Edition) | Prescribed | Colbran, S. et al | Lexis Nexis |
| Readings | Supreme Court (General Civil Procedure)Rules | Prescribed | Supreme Court | Supreme Court |
| Readings | Principles of Civil Litigation (Latest Edition) | Recommended | D Balmford and M Rankin | Thompson Reuters |
Graduate capabilities & intended learning outcomes
01. Demonstrate an awareness of the fundamental conventions of legal drafting for claims and defences.
- Activities:
- Tutorial exercises and/or Legal research exercise
- Related graduate capabilities and elements:
- Literacies and Communication Skills(Writing)
02. Demonstrate a critical awareness of how to pursue a legal claim or defence for a client as effectively as possible for as long as the claim or defence deserves
- Activities:
- Tutorial exercises Final examination
- Related graduate capabilities and elements:
- Literacies and Communication Skills(Writing)
03. Apply problem-solving skills to the optimal solution of legal disputes
- Activities:
- Tutorial exercises Legal research exercise Final examination
- Related graduate capabilities and elements:
- Literacies and Communication Skills(Writing)
04. Identify the statutory and case law rules and principles governing civil procedure.
- Activities:
- Tutorial exercises Legal research exercise and Final examination.
- Related graduate capabilities and elements:
- Literacies and Communication Skills(Writing)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
Melbourne, 2015, Semester 2, Day
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Roger Douglas
Class requirements
LectureWeek: 31 - 43
One 2.0 hours lecture per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.
TutorialWeek: 31 - 43
One 1.0 hours tutorial per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| one 1,500-word group assignment | 30 | 01, 02, 03, 04 | |
| one 3-hour final examination | 70 | 02, 03, 04 |