Litigation and Dispute Processing (11276.1)
| Available teaching periods | Delivery mode | Location |
|---|---|---|
| View teaching periods | ||
| EFTSL | Credit points | Faculty |
| 0.125 | 3 | Faculty Of Business, Government & Law |
| Discipline | Study level | HECS Bands |
| Canberra Law School | Level 4 - Undergraduate Advanced Unit | Band 4 2021 (Commenced After 1 Jan 2021) Band 4 2021 (Commenced After 1 Jan Social Work_Exclude 0905) Band 5 2021 (Commenced Before 1 Jan 2021) |
This unit may be co-taught with a PG version of the unit.
Learning outcomes
Upon successful completion of this unit, students will be able to:1. Actively and independently manage a litigation process to the point of interlocutory determination, including: (a) selecting the appropriate jurisdiction in which to commence civil proceedings; (b) effectively serving process; (c) drafting pleadings to identify and clarify the issues in dispute; (d) interlocutory proceedings; (e) obtaining evidence; (f) setting a matter down for trial; and (g) enforcing judgment.
2. Identify and explain the requirements of case management, settling down a matter for trial and enforcing judgment;
3. Explain the importance of lawyers' obligations in relation to the management of trust money explain; and
4. Explain and analyse legal practitioners' obligations to clients, parties and the court at each stage of civil litigation.
Graduate attributes
1. ºÚÁϳԹÏÍø graduates are professional - communicate effectively1. ºÚÁϳԹÏÍø graduates are professional - display initiative and drive, and use their organisation skills to plan and manage their workload
1. ºÚÁϳԹÏÍø graduates are professional - take pride in their professional and personal integrity
1. ºÚÁϳԹÏÍø graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
2. ºÚÁϳԹÏÍø graduates are global citizens - behave ethically and sustainably in their professional and personal lives
3. ºÚÁϳԹÏÍø graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
3. ºÚÁϳԹÏÍø graduates are lifelong learners - be self-aware
3. ºÚÁϳԹÏÍø graduates are lifelong learners - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development
Prerequisites
This unit is only available to students in a Bachelor of Laws. Students must pave passed unit 11251 Foundations of Law and Justice.Corequisites
None.Equivalent units
7047 Litigation and Dispute ProcessingAssumed knowledge
None.| Year | Location | Teaching period | Teaching start date | Delivery mode | Unit convener |
|---|
Required texts
Required Texts
Students must have access to the following publications to successfully complete the unit:
Andrew Hemming and Tanya Penovic, Civil Procedure in Australia (LexisNexis, 2015) ('Hemming and Penovic')
- Although a 2015 text, Hemming and Penovic has good coverage for NSW and the ACT
- You are likely to be able to obtain a second-hand copy or you can access it directly from the LexisNexis site
- This book is available for short term loans from the Library - see the reading list - there are two copies for three-day loan and one copy for three-hour loan
The Court Procedure Rules 2006 (ACT) which can be accessed for free ,
The authorised forms for use in the civil jurisdiction of the ACT Supreme Court and Magistrates Court which can be accessed for free and
The Australian Guide to Legal Citation (Melbourne University, 4th ed, 2018) which can be accessed for free .
- For students familiar with AGLC3, but not AGLC4, Andrew Henderson prepared a comparison with AGLC3 .
Suggested texts
Students are encouraged to make use of the following:
Roger Eastman and William Rose, Pleadings Without Tears: A Guide to Legal Drafting Under the Civil Procedure Rules (Oxford University Press, 8th ed, 2012).
- It is an English book but the rules of pleading in Australia are almost identical. It is a cheap text and has clear, friendly and amusing advice on how to draft pleadings and other process
- This is the 2012 edition - there is also a 9th edition released in 2017 - the 2012 edition is fine for our purposes
- The 2012 edition is available as an e-book from the Library - see the reading list
Ross Hyams, Susan Campbell and Adrian Evans. Practical Legal Skills: Developing your Clinical Technique (Oxford University Press, 4th ed, 2014)
- An e-book version is available from the Library - see the Reading list
Submission of assessment items
Practical assessment
The assessment for this unit requires students to prepare steps in civil litigation on behalf of the Plaintiff in a civil claim.
The Unit is designed to provide an opportunity for the development of practical skills and experience that will be immediately applicable to the legal workplace.
Research in the United States has found that the two most commonly reported criticisms of courses in civil procedure is that they are taught in such a way that there is no clear connection to ‘the real world’ and that for such a practically oriented area of study, there are too few opportunities to be engaged in practical learning experiences. Practical learning experiences have been the subject of more recent discussion in Australia as well.
Students must apply academic integrity in their learning and research activities at ºÚÁϳԹÏÍø. This includes submitting authentic and original work for assessments and properly acknowledging any sources used.
Academic integrity involves the ethical, honest and responsible use, creation and sharing of information. It is critical to the quality of higher education. Our academic integrity values are honesty, trust, fairness, respect, responsibility and courage.
ºÚÁϳԹÏÍø students have to complete the annually to learn about academic integrity and to understand the consequences of academic integrity breaches (or academic misconduct).
ºÚÁϳԹÏÍø uses various strategies and systems, including detection software, to identify potential breaches of academic integrity. Suspected breaches may be investigated, and action can be taken when misconduct is found to have occurred.
Information is provided in the Academic Integrity Policy, Academic Integrity Procedure, and University of Canberra (Student Conduct) Rules 2023. For further advice, visit Study Skills.
Learner engagement
Students are strongly encouraged to attend the tutorials. The Unit will expose students to new skills with which they have had little or no contact in their studies. The tutorials provide practical guidance on, and opportunities to practise, the skills being assessed in the Unit.
Participation requirements
Not relevant.
Required IT skills
None.
Work placement, internships or practicums
This unit involves simulation/virtual WIL
