Litigation and Dispute Processing PG (11443.1)

Please note these are the 2021 details for this unit
Home
/
Unit
/
Litigation and Dispute Processing PG
Available teaching periods Delivery mode Location
View teaching periods Flexible
 UC - Canberra, Bruce
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


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.
Availability for enrolment in 2023 is subject to change and may not be confirmed until closer to the teaching start date.
Year Location Teaching period Teaching start date Delivery mode Unit convener
2022 UC - Canberra, Bruce Semester 1 07 February 2022 Flexible Dr Tony Krone
2023 UC - Canberra, Bruce Semester 1 06 February 2023 Flexible Dr Tony Krone
Not available

Required texts

Prescribed text

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

Recommended texts

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

  • 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 for short term loans from the Library - see the reading list - there are two copies for three-day loan and one copy for three-hour loan

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

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

Students are encouraged to make use of the following:

Roger Eastman 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.  It is a cheap text and has clear, friendly and amusing advice on how to draft pleadings and other process
  • 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 

 

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.