LAWS4003Civil Dispute Resolution

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.

Availability2019 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

The course is designed to include all of the civial procedure areas of knowledge required for admission into legal practice in Australia.  broadly this includes: 

1. The civil justice system in Australia and the importance of access to justice.
2. The adversarial litigation process and non-adversarial alternatives.
3. The initiation of proceedings and service of process.
4. Procedural mechanisms to obtain evidence and define questions for trial and bringing prceedings to an end;

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

LAWS4003Civil Dispute ResolutionThis 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.FBUSLFaculty of Business and Law341Newcastle Law School1040005940Semester 1 - 2019NCLE_CITYNewcastle City Precinct2019LAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A (or LAWS1003A), LAWS2003B (or LAWS1003B), LAWS3004A (or LAWS2004A), LAWS3004B (or LAWS2004B).The course is designed to include all of the civial procedure areas of knowledge required for admission into legal practice in Australia.  broadly this includes: The civil justice system in Australia and the importance of access to justice.The adversarial litigation process and non-adversarial alternatives.The initiation of proceedings and service of process.Procedural mechanisms to obtain evidence and define questions for trial and bringing prceedings to an end; NOn successful completion of this course, students will be able to:1Demonstrate specialised and advanced knowledge and understanding of the role of the civil justice system, dispute resolution processes, and the operation of civil procedure rules.2Apply this specialised knowledge of processes and procedures to solve complex practical civil procedure problems.3Demonstrate an advanced understanding of the policies and principles that underlie the Australian civil justice system and proposed reforms. 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.Written Assignment: Written Assessment TaskParticipation: Seminar and Engagement ParticipationFormal Examination: Examination Newcastle City PrecinctOnline ActivityOnline2hour(s)per Week for0Full Term0SeminarFace to Face On Campus2hour(s)per Week for0Full Term0

Assessment items

Written Assignment: Written Assessment Task

Participation: Seminar and Engagement Participation

Formal Examination: Examination

Contact hours

Newcastle City Precinct