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 Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Supreme Court (General Civil Procedure)Rules | Prescribed | Latest Version | Online |
| Readings | Civil Procedure: Cases and Materials | Recommended | Colbran et al, Latest Edition | Lexis 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
Select to view your study options…
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 element | Comments | % | 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 |