CIVIL PROCEDURE
LAW2CIV
2017
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; settlement;trial; appeals; costs; and enforcement of judgements.
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 | Supreme Court (General Civil Procedure)Rules | Prescribed | Latest Version | Online |
| Readings | Civil Procedure: Lexis Nexis Study Guide | Recommended | Colbran et al, Latest Edition | Lexis Nexis |
| Readings | Civil Procedure: Cases and Materials | Recommended | Colbran et al, Latest Edition | Lexis Nexis |
Graduate capabilities & intended learning outcomes
01. Demonstrate an understanding of how grievances are translated into a legal claim or defence in written form using the conventions of legal drafting
- Activities:
- Tutorial exercises, Assignment, Online quizzes.
- Related graduate capabilities and elements:
- Literacies and Communication Skills(Writing)
- Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
02. Demonstrate a critical awareness of how to pursue a legal claim or defence for a client as effectively as possible.
- Activities:
- Tutorial exercises, Assignment,Online quizzes, Final examination
- Related graduate capabilities and elements:
- Literacies and Communication Skills(Writing)
- Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
03. Apply civil procedure law and rules in order to find solutions to legal disputes.
- Activities:
- Tutorial exercises, Assignment, Online quizzes, Final examination
- Related graduate capabilities and elements:
- Literacies and Communication Skills(Writing)
- Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
Melbourne, 2017, Semester 2, Blended
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Magda Karagiannakis
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: 32 - 43
One 1.0 hours tutorial per week on weekdays during the day from week 32 to week 43 and delivered via face-to-face.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| Assignment (1500 words) | 30 | 01, 02, 03 | |
| One 3-hour final examination (equivalent to 2500 words) | 60 | 02, 03 | |
| Online quizzes during teaching period. (equivalent to 500 words) | 10 | 01, 02, 03 |