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 cover alternative dispute resolution (ADR) methods but will focus on rules of civil procedure in the Supreme, County and Magistrate's 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.
Unit details
Location:
Study level:
Undergraduate
Credit points:
12
Unit code:
LLW4000
Prerequisites
BLB1101 - Australian Legal System in Context
BLB1114 - Legal Research Methods
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Learning Outcomes
| 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; and |
Assessment
| Assessment type | Description | Grade |
|---|---|---|
| Test | On Line Quiz | 10% |
| Assignment | Case Study and draft originating process and/or pleading | 40% |
| Examination | Examination | 50% |
Required reading
Principles of Civil Liltigation 3rd edn
David Bamford & Mark Rankin (2017)
Thomson Reuters Lawbook Co
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