LAWS6008

Civil Procedure

10 Units

This course involves the study of laws and rules (procedures) which facilitate the resolution of a civil dispute either by court adjudication or settlement. Specific attention is given to the choice of adjudication body, (jurisdiction), limitation periods, commencement of proceedings (including the drafting of pleadings), service of process, pre-hearing interlocutory processes (such as the preparation of evidence for a hearing), appeals against judgment and enforcement of judgment. The rules and practice applied in New South Wales are examined in detail, but reference is made to practice in other jurisdictions. The course includes study of the history of civil justice reform, in particular, case management, the use of over-riding principles, alternative dispute resolution, restrictions on discovery and the changing role of experts.

Faculty Faculty of Business and Law
School Newcastle Law School
Availability

Not currently offered

Objectives

On successful completion of this course students will be able to:

  1. Demonstrate specialised and advanced knowledge and understanding of Civil Procedure laws.
  2. Demonstrate professional skills in civil procedure including: ability to work alone and or with others in a team; to exercise expert judgment; to adapt that judgment to changed circumstances; to think creatively, to recognise and solve ethical dilemmas.
  3. Apply specialised and advanced knowledge and the acquired professional skills in an integrated manner to solve complex hypothetical practical civil procedure problems.
  4. Demonstrate an understanding of the principles of justice which arise in the context of civil procedure and demonstrate an advanced understanding of how these principles should be preserved.
Content

The topics to be covered in this course are:

  1. Jurisdiction
  2. Limitation periods
  3. Case management
  4. Initiating proceedings and pleadings
  5. Causes of action and parties
  6. Service
  7. Discovery
  8. Preparing evidence – obtaining documents and narrowing the issues for trial
  9. Enforcement
  10. Appeal
  11. Costs
Replacing Course(s) n/a
Transition n/a
Industrial Experience 0
Assumed Knowledge LAWS6001, LAWS6002A, LAWS6002B, LAWS6003A, LAWS6003B, LAWS6004A, LAWS6004B, LAWS6005.
Modes of Delivery Internal Mode
Teaching Methods Lecture
Self Directed Learning
Tutorial
Assessment Items
  • Examination: Formal -
  • Online Learning Activities - Advanced hypothetical problems via an online self paced learning program
  • Quiz - Class -
  • Tutorial - Team based practical exercises in tutorials
Contact Hours
  • Lecture: for 2 hour(s) per Week for Full Term
  • Tutorial: for 2 hour(s) per Fortnight for 10 weeks
  • Self Directed Learning: for 15 hour(s) per Term for Full Term
Compulsory Components
  • Requisite by Enrolment: This course is only available to students enrolled in the Juris Doctor/Graduate Diploma in Legal Practice.
Course Materials None listed
Timetable 2014 Course Timetables for LAWS6008

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