CIVIL PROCEDURE

LAW2CIV

2021

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/Exchange StudentsYes

Subject year levelYear Level 2 - UG

Exchange StudentsNo

Available as ElectiveNo

Learning ActivitiesTutorial exercises, Assignment, Online quizzes, Final examination

Capstone subjectNo

Subject particulars

Subject rules

PrerequisitesLAW2CTA AND LAW2TOT AND LAW1LIM

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Quota Management StrategyN/A

Quota-conditions or rulesN/A

Special conditionsN/A

Minimum credit point requirementN/A

Assumed knowledgeN/A

Learning resources

Civil Procedure: Cases and Materials

Resource TypeBook

Resource RequirementRecommended

AuthorColbran et al, Latest Edition

YearN/A

Edition/VolumeN/A

PublisherLexis Nexis

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Supreme Court (General Civil Procedure) Rules

Resource TypeBook

Resource RequirementPrescribed

AuthorLatest Version

YearN/A

Edition/VolumeN/A

PublisherOnline

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Career Ready

Career-focusedNo

Work-based learningNo

Self sourced or Uni sourcedN/A

Entire subject or partial subjectN/A

Total hours/days requiredN/A

Location of WBL activity (region)N/A

WBL addtional requirementsN/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.

Subject options

Select to view your study options…

Bendigo, 2021, Semester 2, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment informationN/A

Subject Instance Co-ordinatorMagda Karagiannakis

Class requirements

LectureWeek: 30 - 42
One 2.00 hours lecture per week on weekdays during the day from week 30 to week 42 and delivered via video conference.

TutorialWeek: 30 - 42
One 1.00 hour tutorial per week on weekdays during the day from week 30 to week 42 and delivered via face-to-face.

Assessments

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

Melbourne (Bundoora), 2021, Semester 2, Blended