LAWS4003Civil Procedure

Course handbook

Description

This core course examines the procedures, processes and rules that shape how civil disputes are managed and resolved. The primary focus is the processes used in the New South Wales 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 student reflection 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.

Availability2017 Course Timetables

Learning outcomes

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

1. Demonstrate specialised and advanced knowledge and understanding of the role of the civil justice system, dispute resolution processes, and the operation of civil procedure rules.

2. Apply this specialised knowledge of processes and procedures to solve complex practical civil procedure problems.

3. Demonstrate an advanced understanding of the policies and principles that underlie the Australian civil justice system and proposed reforms.

Content

1. The civil justice system in Australia and the importance of access to justice.
2. The adversarial litigation process, non-adversarial alternatives, and the obligations of legal practitioners to reslove disputes.
3. Options for the resolution for the civil disputes as an alternative to, and alongside, court processess.
4. Defining the questions for trial - pleadings, notices to admit and other devices.
5. Obtaining evidence - discovery of documents, interrogatories, subpoena and other devices.
6. Discontinuance of proceedings, offers to settle and the allocation of legal costs.
7. Judgements, appeals and machanisims for the enforcement of court orders.
8. The involvement of particular types of parties, including self-respected litigants, government litigants, class action and vexatious litigants.

Requisite

This course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or Bachelor of Laws (Honours) and associated combined degree programs.

Assumed knowledge

LAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A (or LAWS1003A), LAWS2003B (or LAWS1003B), LAWS3004A (or LAWS2004A), LAWS3004B (or LAWS2004B).

Assessment items

Written Assignment: Written Assessment Task

Participation: Seminar and Engagement Participation

Formal Examination: Examination

Contact hours

Newcastle City Precinct