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.


SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorMagda Karagiannakis

Available to Study Abroad StudentsYes

Subject year levelYear Level 5 - Masters

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites LAW5PTO (Principles of Tort Law)

Co-requisitesN/A

Incompatible subjectsN/A

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 advanced and integrated understanding of how grievances are translated into a legal claim or defence in written form using the conventions of legal drafting

Activities:
1. Utilisation of seminar and online materials. 2. Completion of prescribed reading and online tasks. 3. Preparations for seminars 4. Completion of Assignment.

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

Activities:
1. Utilisation of seminar and online materials. 2. Completion of prescribed reading and online tasks. 3. Preparations for seminars 4. Completion of Assignment and Problem Solving Assignment

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

Activities:
1. Utilisation of seminar and online materials. 2. Completion of prescribed reading and online tasks. 3. Preparations for seminars 4. Completion of Assignment.and Problem Solving Assignment

Subject options

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Start date between: and    Key dates

City Campus, 2020, Semester 2, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorMagda Karagiannakis

Class requirements

Lecture/Seminar Week: 31 - 43
One 2.5 hours lecture/seminar per week on weekdays at night from week 31 to week 43 and delivered via face-to-face.

Unscheduled Online Class Week: 31 - 43
One 6.0 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 elementComments% ILO*
Mid Semester assignment (2,000 words)40 01, 02, 03
Problem solving assignment (3,500 words)60 02, 03