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 Semester 1 - 2015 (Callaghan Campus)
Learning Outcomes

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
Assumed Knowledge LAWS6001, LAWS6002A, LAWS6002B, LAWS6003A, LAWS6003B, LAWS6004A, LAWS6004B, LAWS6005.
Assessment Items
  • Online Learning Activity: Advanced hypothetical problems via an online self-paced learning program
  • Tutorial / Laboratory Exercises: Team based practical exercises in tutorials
  • Quiz: Multiple Choice Quiz
  • Formal Examination: Examination
Contact Hours
  • Lecture: for 2 hour(s) per Week for Full Term
  • Self-Directed Learning: for 15 hour(s) per Term
  • Tutorial: for 2 hour(s) per Fortnight for Weeks
Timetable 2015 Course Timetables for LAWS6008

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