Litigation and Dispute Processing PG (11443.1)

Please note these are the 2021 details for this unit
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Litigation and Dispute Processing PG
Available teaching periods Delivery mode Location
View teaching periods
EFTSL Credit points Faculty
0.125 3 Faculty Of Business, Government & Law
Discipline Study level HECS Bands
Canberra Law School Post Graduate Level Band 4 2021 (Commenced After 1 Jan 2021)
Band 4 2021 (Commenced After 1 Jan Social Work_Exclude 0905)
Band 5 2021 (Commenced Before 1 Jan 2021)
This unit exposes students to the process for the resolution of civil disputes from the commencement of proceedings to preparation for trial and the enforcement of judgment. The unit encompasses the role of case management and court annexed processes for the alternative resolution of disputes as a means of efficiently resolving civil litigation.

This unit may be co-taught with an undergraduate version of the unit.

Learning outcomes

After successful completion of this unit, students will be able to:
1. Manage a litigation process to the point of interlocutory determination, including: a. selecting the appropriate jurisdiction in which to commence civil proceedings, b. effectively serving process, c. drafting pleadings to identify and clarify the issues in dispute, d. interlocutory proceedings, e. obtaining evidence, f. setting a matter down for trial, and g. enforcing judgment;
2. Identify and explain the requirements of case management, settling down a matter for trial and enforcing judgment;
3. Enact a lawyers' obligations in relation to the management of trust money; and
4. Explain and analyse legal practitioners' obligations to clients, parties and the court at each stage of civil litigation.


Graduate attributes

1. UC graduates are professional - communicate effectively
1. UC graduates are professional - display initiative and drive, and use their organisation skills to plan and manage their workload
1. UC graduates are professional - employ up-to-date and relevant knowledge and skills
1. UC graduates are professional - take pride in their professional and personal integrity
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
2. UC graduates are global citizens - behave ethically and sustainably in their professional and personal lives
2. UC graduates are global citizens - make creative use of technology in their learning and professional lives
3. UC graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
3. UC graduates are lifelong learners - be self-aware
3. UC graduates are lifelong learners - evaluate and adopt new technology
3. UC graduates are lifelong learners - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development


Prerequisites

This unit is only available to students in the Juris Doctor, Master of Laws or Master of Legal Studies courses.

Students must have passed 11431 Foundations of Law and Justice G or equivalent.

Corequisites

None.

Incompatible units

None.

Equivalent units

7233 Litigation and Dispute Processing PG

Assumed knowledge

None.
Year Location Teaching period Teaching start date Delivery mode Unit convener
Not available

Required texts

Prescribed text

Colbran, Stephen and Peta Spender, Civil Procedure: Commentary and Materials (LexisNexis, 8th ed, 2022) 

The Library had three concurrent licences for the online version of this text available via the Reading List. Please note though that library texts cannot be used in the exam. 

There are numerous texts on civil procedure. The prescribed text is recent and comprehensive for jurisdictions across Australia. The following list of recommended texts indicates other useful sources that are available for free or via the Library Reading List.

It is not suggested that you buy additional texts.

Bamford, David and Mark Rankin, Principles of Civil Litigation (Lawbook Co., 4th ed, 2021)

  • This book is available in soft copy format for loan from the Library - see the reading list on Canvas

Hemming, Andrew and Tanya Penovic, Civil Procedure in Australia (LexisNexis, 2015)

  • Although a 2015 text, Hemming and Penovic has good coverage for NSW and the ACT
  • You are likely to be able to obtain a second-hand copy or you can access it directly from the LexisNexis site HERE (Links to an external site.)
  • This book is available in hard copy format for short term loans from the Library - see the reading list on Canvas

The Court Procedure Rules 2006 (ACT) can be accessed for free HERE (Links to an external site.),

The authorised forms for use in the civil jurisdiction of the ACT Supreme Court and Magistrates Court can be accessed for free HERE,  (Links to an external site.)and

The Australian Guide to Legal Citation (Melbourne University, 4th ed, 2018) can be accessed for free HERELinks to an external site..

Students may also make use of the following:

Eastman, Roger and William Rose, Pleadings Without Tears: A Guide to Legal Drafting Under the Civil Procedure Rules (Oxford University Press, 8th ed, 2012)

  • It is an English book but the rules of pleading in Australia are almost identical
  • This is the 2012 edition - there is also a 9th edition released in 2017 - the 2012 edition is fine for our purposes
  • The 2012 edition is available as an e-book from the Library - see the reading list on Canvas
  • This text provides a reasonable introduction to drafting pleadings - however, contemporary drafting style requires the use of plain English

Submission of assessment items

Practical assessment

The assessment for this unit requires students to prepare steps in civil litigation on behalf of the Plaintiff in a civil claim. 

The Unit is designed to provide an opportunity for the development of practical skills and experience that will be immediately applicable to the legal workplace. 

Research in the United States has found that the two most commonly reported criticisms of courses in civil procedure is that they are taught in such a way that there is no clear connection to ‘the real world’ and that for such a practically oriented area of study, there are too few opportunities to be engaged in practical learning experiences. Practical learning experiences have been the subject of more recent discussion in Australia as well.

Students must apply academic integrity in their learning and research activities at UC. This includes submitting authentic and original work for assessments and properly acknowledging any sources used.

Academic integrity involves the ethical, honest and responsible use, creation and sharing of information. It is critical to the quality of higher education. Our academic integrity values are honesty, trust, fairness, respect, responsibility and courage.

UC students have to complete the Academic Integrity Module annually to learn about academic integrity and to understand the consequences of academic integrity breaches (or academic misconduct).

UC uses various strategies and systems, including detection software, to identify potential breaches of academic integrity. Suspected breaches may be investigated, and action can be taken when misconduct is found to have occurred.

Information is provided in the Academic Integrity Policy, Academic Integrity Procedure, and University of Canberra (Student Conduct) Rules 2023. For further advice, visit Study Skills.

Learner engagement

Students are strongly encouraged to attend the tutorials. The Unit will expose students to new skills with which they have had little or no contact in their studies. The tutorials provide practical guidance on, and opportunities to practise, the skills being assessed in the Unit.  

Participation requirements

Attendance at tutorials will help ensure that students are able to successfully complete this unit.

Required IT skills

None.

Work placement, internships or practicums

This unit involves work integrated learning: Work simulation

Students must adhere to University policy during WIL activities, including the Student Conduct Rules 2018, the WIL Policy and WIL Procedure, and the Assessment Policy and Assessment Procedure.