CIVIL PROCEDURE

LAW5CVP

Not currently offered

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 5 - Masters

Exchange Students: Yes

Subject particulars

Subject rules

Prerequisites: LAW5CNA and LAW5PTO

Co-requisites: N/A

Incompatible subjects: LAW2CIV, LAW3CIV

Equivalent subjects: N/A

Special conditions: Must be admitted to the Juris Doctor degree or higher or have permission from the Law Director of Programs or delegate.

Learning resources

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsSupreme Court (General Civil Procedure) RulesPrescribedLatest VersionOnline
ReadingsCivil Procedure: LexisNexis Study GuideRecommendedColbran et al, Latest EditionLexis Nexis
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.
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 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.
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. 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.
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)
Subject not currently offered - Subject options not available.