CIVIL PROCEDURE

LAW2CIV

2020

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.

School: La Trobe Law School (Pre 2022)

Credit points: 15

Subject Co-ordinator: Stephanie Falconer

Available to Study Abroad/Exchange Students: Yes

Subject year level: Year Level 2 - UG

Exchange Students: No

Available as Elective: No

Learning Activities: N/A

Capstone subject: No

Subject particulars

Subject rules

Prerequisites: LAW2TOT AND LAW2CTA AND LAW1LIM

Co-requisites: N/A

Incompatible subjects: N/A

Equivalent subjects: N/A

Quota Management Strategy: N/A

Quota-conditions or rules: N/A

Special conditions: N/A

Minimum credit point requirement: N/A

Assumed knowledge: N/A

Learning resources

Supreme Court (General Civil Procedure)Rules

Resource Type: Book

Resource Requirement: Prescribed

Author: Latest Version

Year: N/A

Edition/Volume: N/A

Publisher: Online

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Civil Procedure: Cases and Materials

Resource Type: Book

Resource Requirement: Recommended

Author: Colbran et al, Latest Edition

Year: N/A

Edition/Volume: N/A

Publisher: Lexis Nexis

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Career Ready

Career-focused: No

Work-based learning: No

Self sourced or Uni sourced: N/A

Entire subject or partial subject: N/A

Total hours/days required: N/A

Location of WBL activity (region): N/A

WBL addtional requirements: N/A

Graduate capabilities & intended learning outcomes

Graduate Capabilities

COMMUNICATION - Communicating and Influencing

INQUIRY AND ANALYSIS - Creativity and Innovation

INQUIRY AND ANALYSIS - Research and Evidence-Based Inquiry

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

02. Demonstrate a critical awareness of how to pursue a legal claim or defence for a client as effectively as possible.

03. Apply civil procedure law and rules in order to find solutions to legal disputes.

Bendigo, 2020, Semester 2, Blended

Overview

Online enrolment: Yes

Maximum enrolment size: N/A

Enrolment information: N/A

Subject Instance Co-ordinator: Stephanie Falconer

Class requirements

LectureWeek: 31 - 43
One 2.00 hours lecture per week on weekdays during the day from week 31 to week 43 and delivered via video conference.

TutorialWeek: 32 - 43
One 1.00 hour tutorial per week on weekdays during the day from week 32 to week 43 and delivered via face-to-face.

Assessments

Assessment element	Comments	Category	Contribution	Hurdle	%	ILO*
Assignment (1500 words)	N/A	N/A	N/A	No	30	SILO1, SILO2, SILO3
Final Exam: 2 hours 30 minutes plus 30 minutes reading time (equivalent to 2500 words)	N/A	N/A	N/A	No	60	SILO2, SILO3
Online quizzes during teaching period. (equivalent to 500 words)	N/A	N/A	N/A	No	10	SILO1, SILO2, SILO3

Melbourne (Bundoora), 2020, Semester 2, Blended