CIVIL PROCEDURE

LAW2CIV

2016

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.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorMagda Karagiannakis

Available to Study Abroad StudentsYes

Subject year levelYear Level 2 - UG

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites LAW1LIM and (LAW2CTA or LAW2CNT) and (LAW2TOT or LAW2TOR)

Co-requisitesN/A

Incompatible subjects LAW3CIV and LAW30CIV

Equivalent subjectsN/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 TypeTitleResource RequirementAuthor and YearPublisher
ReadingsCivil procedure. commentary and materialsPrescribedColbran, S. et alCURRENT EDITION, LEXIS NEXIS
ReadingsSupreme Court (General Civil Procedure)RulesPrescribedtba2005 (VIC)

Graduate capabilities & intended learning outcomes

01. Translate an account of grievances into a legal claim or defence in written form using the conventions of legal drafting

Activities:
Tutorial exercises Self-asessment exercise (on line) Legal research exercise
Related graduate capabilities and elements:
Writing (Writing)
Creative Problem-solving (Creative Problem-solving)
Inquiry/ Research (Inquiry/ Research)

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:
Inquiry/ Research (Inquiry/ Research)
Writing (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:
Inquiry/ Research (Inquiry/ Research)
Critical Thinking (Critical Thinking)
Speaking (Speaking)
Creative Problem-solving (Creative Problem-solving)
Writing (Writing)

Subject options

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Start date between: and    Key dates

Melbourne, 2016, Semester 2, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorMagda Karagiannakis

Class requirements

Lecture Week: 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.

Tutorial Week: 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 elementComments% ILO*
take home assignment30 01, 02
one 3-hour final examination60 02, 03
online quizzes10 01, 02, 03