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.
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: N/A
Co-requisites: LAW5EVP
Incompatible subjects: LAW2CIV LAW3CIV
Equivalent subjects: N/A
Special conditions: N/A
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: Cases and Materials | Recommended | Colbran et al, Latest Edition | Lexis 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.
City Campus, 2018, Semester 1, Blended
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Magda Karagiannakis
Class requirements
Lecture/SeminarWeek: 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 ClassWeek: 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 element | Comments | % | 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 enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Magda Karagiannakis
Class requirements
Lecture/SeminarWeek: 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 ClassWeek: 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 element | Comments | % | ILO* |
|---|---|---|---|
| Take Home Assignment (2,000 words) | 40 | 01, 02, 03 | |
| Take Home Exam (3,500 words) | 60 | 02, 03 |