Civil Procedure

This unit of study will examine the identification and management as well as resolution of disputes, in particular, litigation as a means of dispute resolution. The unit will touch on alternative dispute resolution (ADR) methods but will focus on the rules of civil procedure of the Supreme, County and Magistrates' courts of Victoria. The unit will also touch on court rules and processes in the federal jurisdiction but the emphasis will be on the more important and common court processes in the state jurisdiction and principles of civil litigation such as parties, jurisdiction, pleadings, discovery, interrogatories, interlocutory applications, enforcement and appeals. This unit meets the Victorian Legal Admissions Board requirements for Civil Procedure.

Learning Outcomes

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

1. Elucidate principles of dispute resolution;
2. Distinguish procedural law from substantive law and demonstrate the differences between them;
3. Analyse and canvass procedural issues arising from disputes such as parties, jurisdiction, forum, governing law and applicable rules;
4. Recommend appropriate and creative modes of dispute resolution for a variety of disputes and apply the appropriate rules and processes to resolve them with professional judgement;
5. Devise an appropriate course of action and apply appropriate court rules and procedures in the adversary system to reach an expeditious resolution for a range of disputes occurring in contemporary society;
6. Communicate clearly using appropriate language and present a coherent argument and an independent exposition of ideas.