CIVIL PROCEDURE

LAW2CIV

2019

Credit points: 15

Subject outline


Students in this subject examine the procedural laws and rules relating to the resolution of civil disputes in an adversarial system. The following topics are covered: the overarching obligations of parties and practitioners; the civil jurisdiction of Australian courts; initiating proceedings; service; joinder; parties to litigation; defining the questions for trial; obtaining evidence; interlocutory orders; disposition without trial; alternative dispute resolution; settlement;extra judicial determination of issues; trial; appeal; costs; and enforcement of judgements.


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 subjectsN/A

Equivalent subjectsN/A

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsSupreme Court (General Civil Procedure)RulesPrescribedLatest VersionOnline
ReadingsCivil Procedure: Cases and MaterialsRecommendedColbran et al, Latest EditionLexis 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)

Subject options

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Start date between: and    Key dates

Bendigo, 2019, 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: 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 elementComments% ILO*
Assignment (1500 words)30 01, 02, 03
Final Exam: 2 hours 30 minutes plus 30 minutes reading time (equivalent to 2500 words)60 02, 03
Online quizzes during teaching period. (equivalent to 500 words)10 01, 02, 03

Melbourne, 2019, 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: 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 elementComments% ILO*
Assignment (1500 words)30 01, 02, 03
Final Exam: 2 hours 30 minutes plus 30 minutes reading time (equivalent to 2500 words)60 02, 03
Online quizzes during teaching period. (equivalent to 500 words)10 01, 02, 03