CIVIL DISPUTE RESOLUTION

LAW5CVP

2021

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.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorMagda Karagiannakis

Available to Study Abroad/Exchange StudentsYes

Subject year levelYear Level 5 - Masters

Available as ElectiveNo

Learning ActivitiesUtilisation of seminar and online materials. Completion of Assignment.

Capstone subjectNo

Subject particulars

Subject rules

PrerequisitesLAW5PTO

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

Readings

Supreme Court (General Civil Procedure) Rules

Resource TypePrescribed

Resource RequirementN/A

AuthorN/A

YearN/A

Edition/VolumeLatest

PublisherCivil Procedure Rules downloadable from the Supreme Court website.

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Civil Procedure: Cases and Materials

Resource TypeRecommended

Resource RequirementN/A

AuthorColbran et al

YearN/A

Edition/VolumeLatest

PublisherLexis Nexis

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

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.

Subject options

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Start date between: and    Key dates

City Campus, 2021, Semester 2, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Subject Instance Co-ordinatorMagda Karagiannakis

Class requirements

Lecture/SeminarWeek: 31 - 43
One 2.50 h 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 h 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 elementCommentsCategoryContributionHurdle% ILO*

Mid Semester assignment (2,000 words)

N/AAssignmentIndividualNo40 SILO1, SILO2, SILO3

Problem solving assignment (3,500 words)

N/AAssignmentIndividualNo60 SILO2, SILO3