CIVIL PROCEDURE

LAW2CIV

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.

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) AND; Admission into; LBLX Bachelor of Laws (Complementary) LVLGE;LVLGEB Bachelor of Laws LVLUE;LVLUEB Bachelor of Laws LWLAS Bachelor of Laws/Bachelor of Asian Studies LWLAT;LWLATB Bachelor of Laws/Bachelor of Arts LWLBUSB Bachelor of Laws/Bachelor of Business LWLEE Bachelor of Laws/Bachelor of Electronic Engineering LWLINT Bachelor of Laws/Bachelor of International Relations LWLMC Bachelor of Laws/Bachelor of Media and Communication LWLPY;LWLPYB Bachelor of Laws/Bachelor of Psychological Science LWLSC;LWLSCB Bachelor of Laws/Bachelor of Science LZCOML Bachelor of Commerce/Bachelor of Laws LZCRL;LZCRLB Bachelor of Criminology/Bachelor of Laws LWLFI Bachelor of Laws / Bachelor of Finance LWLF Bachelor of Laws/Bachelor of Finance LWLM Bachelor of Laws/Bachelor of Media LWLA LWLAC Bachelor of Laws/Bachelor of Accounting LWLBUS Bachelor of Laws/Bachelor of Business LWLE LWLEC Bachelor of Laws/Bachelor of Economics LWLIR Bachelor of Laws/Bachelor of International Relations LWLFI Laws/Finance LWLAC Laws/Accounting LWLBUS (BU) Laws/Business

Co-requisitesN/A

Incompatible subjects LAW3CIV and LAW30CIV

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

Melbourne, 2018, 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