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|
Semester 2 - 2017
(Newcastle City Precinct)
On successful completion of this course, students will be able to:
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.
|Assumed Knowledge||LAWS6001, LAWS6002A, LAWS6002B, LAWS6003A, LAWS6003B, LAWS6004A, LAWS6004B, LAWS6005.|
Newcastle City Precinct
Online 15 hour(s) per Term Full Term
Face to Face On Campus 2 hour(s) per Fortnight for 10 Weeks
|Timetable||2017 Course Timetables for LAWS6008|