LAWS6008

Civil Procedure

10 Units

This course examines the procedures, processes and rules that shape how civil disputes are managed and resolved. The primary focus is the processes used in New South Whales courts, and the operation of the Uniform Civil Procedure Rules. Examples from other jurisdictions, such as the Federal Court of Australia, will also be discussed.

The course also encourages students reflections upon the policy dimensions of civil litigation, and the importance of contextualising litigation in the broader context of dispute resolution. This includes the essential role of dispute resolution processes to promote settlement without court proceedings.

Faculty Faculty of Business and Law
School Newcastle Law School
Availability Semester 2 - 2017 (Newcastle City Precinct)
Semester 1 - 2018 (Newcastle City Precinct)
Learning Outcomes

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

  1. Demonstrate specialised and advanced knowledge and understanding of the roles of the civil justice system, dispute resolution processes, and the operation of civil procedures rules.
  2. Apply this specialised knowledge of processes and procedures to solve complex practical civil procedure problems.
  3. Demonstrate an advanced understanding of the polices and principles that underline the Australian civil justice system and proposed reforms.
Content

The topics to be covered in this course are:  

1. The civil justice system in Australia and the importance of access to justice2. The adversarial litigation process, non-adversarial alternatives, and the obligation of legal practitioners to resolves disputes.3. Options for the resolution of civil disputes as an alternative to , and alongside, court processes.4. Jurisdiction, initiation of litigation, and service of documents.5. Defining the questions for trial - pleadings, notices and to admit and other devices.6. Obtaining evidence - discovery of documents, interrogatories, subpoena and other devices.7. Discontinuance of proceedings, offers to settle and the allocation for leagl costs.8. Judements, appeals and mechanisms for the enforcement of court oders.9. The involvment of particular types of parties, inculuding self-represented litigants, governement litigants, class actions and vexatious litigants. 

Requisites
  • This course is only available to students enrolled in the Juris Doctor/ Graduate Diploma in Legal Practice program.
Assumed Knowledge LAWS6001, LAWS6002A, LAWS6002B, LAWS6003A, LAWS6003B, LAWS6004A, LAWS6004B, LAWS6005.
Assessment Items
  • Written Assignment: Written Assessment Task
  • Participation: Seminar Engagement and Participation
  • Formal Examination: Formal Examination

Contact Hours

Newcastle City Precinct

Online Activity

Online 15 hour(s) per Term Full Term

Seminar

Face to Face On Campus 2 hour(s) per Fortnight for 10 Weeks

Timetable 2017 Course Timetables for LAWS6008
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