CIVIL DISPUTE RESOLUTION

LAW5CVP

2020

Credit points: 15

Subject outline

Students in this subject examine the procedural laws, rules and policy issues 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: Magda Karagiannakis

Available to Study Abroad/Exchange Students: Yes

Subject year level: Year Level 5 - Masters

Exchange Students: No

Available as Elective: No

Learning Activities: N/A

Capstone subject: No

Subject particulars

Subject rules

Prerequisites: LAW5PTO (Principles of Tort Law)

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

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

02. Demonstrate an advanced and integrated understanding of how to pursue a legal claim or defence for a client as effectively as possible.

03. Critically analyse, evaluate and apply civil procedure laws and rules, in order to find solutions to legal disputes.

City Campus, 2020, Semester 2, Blended

Overview

Online enrolment: Yes

Maximum enrolment size: N/A

Enrolment information: N/A

Subject Instance Co-ordinator: Magda Karagiannakis

Class requirements

Lecture/SeminarWeek: 31 - 43
One 2.50 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 6.00 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	Category	Contribution	Hurdle	%	ILO*
Mid Semester assignment (2,000 words)	N/A	N/A	N/A	No	40	SILO1, SILO2, SILO3
Problem solving assignment (3,500 words)	N/A	N/A	N/A	No	60	SILO2, SILO3