Available in 2012
|Newcastle City Precinct||Semester 1|
Previously offered in 2013, 2011, 2010, 2009, 2008, 2007, 2006, 2005, 2004
LLB courses are only available to students enrolled in Bachelor of Laws (LLB) degree programs.
Primarily about the resolution of civil disputes by means of court adjudication. It examines the law of civil procedure and related matters including professional responsibility and ethics, from the time instructions are received to the enforcement of judgment. Areas covered include the commencement of proceedings, service of process and pre-hearing interlocutory processes. The rules and practice applied in the Supreme Court of New South Wales are examined in detail, but reference is made to the practice in other jurisdictions. Also examines alternative means of resolving disputes and explores issues raised in the recent report by the Australian Law Reform Commission, "Managing Justice: A review of the federal justice system." Current developments in civil justice reform, in particular, case management, alternative dispute resolution (ADR), costs orders and the role of experts are covered.
1) Understand the ways in which civil disputes can be resolved using procedures required by the Civil Procedure Act 2005, the
Uniform Civil Procedure Rules, the Court practice notes, case law and other identified legislation and regulations.
2) Be aware of the criticisms that are often directed at the Australian civil justice system and be familiar with reform
proposals which are designed to address these issues.
3) Be equipped to identify and advocate for the need for change where necessary.
4) Demonstrate knowledge and understanding of civil court procedure by being able to select a court of tribunal with
appropriate jurisdiction, select the appropriate way in which to commence proceedings and draft key court documents
for a hypothetical client in a case study.
5) Demonstrate critical thinking and sound legal analysis when applying NSW law of civil procedure to factual problems.
6) Appreciate that legal practitioners owe duties to their clients, to the courts, to other legal practitioners and to the
community when litigating and that practitioners must comply with the ethical standards of the legal profession.
The topics to be covered in this course are:
1. Court adjudication under an adversay system.
2. The cost of litigation and the use of costs to control litigation.
3. Service of originating process - as foundation of jurisdiction, including service out of the relevant State or
Territory and choice of forum.
4. Joinder of claims and parties, including group proceedings and the defence of prior adjudication as instances of the
public interest in avoiding a multiplicity of proceedings and inconsistent verdicts.
5. Defining the questions for trial - pleadings, notices to admit and other devices.
6. Obtaining evidence - discovery of documents, interrogatories, subpoena and other devices.
7. Disposition without trial, including the compromise of litigation.
8. Extra judicial determination of issues arising in the course of ligitation.
12. Assessing the merits of a case and identifying the dispute resolution alternatives.
13. Initiating and Responding to Claims.
14. Taking and responding to interlocutory and default proceedings.
15. Gathering and presenting evidence.
16. Negotiating Settlements.
17. Taking action to enforce orders and settlement agreements.
LAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A (or LAWS1003A), LAWS2003B (or LAWS1003B), LAWS3004A (or LAWS2004A), LAWS3004B (or LAWS2004B).
Modes of Delivery
Problem Based Learning
Seminar: for 2 hour(s) per Week for Full Term
Lecture: for 2 hour(s) per Week for Full Term