Civil Procedure PG (11753.1)

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.

Learning outcomes

On successful completion of this unit, students will be able to:
1. Independently 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) joinder and group proceedings; (f) obtaining evidence; and (g) setting a matter down for trial;
2. Identify, analyse, articulate and explain the requirements of case management, settling down a matter for trial, enforcing judgment, appeals, and the role of legal costs in managing litigation;
3. Demonstrate independent and collaborative professional communication skills, taking into account multiple perspectives, to successfully negotiate civil dispute resolution; and
4. Identify, interrogate and explain legal practitioners' obligations to clients, parties and the court at each stage of civil litigation.

Graduate attributes

1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
1. UC graduates are professional - work collaboratively as part of a team, negotiate, and resolve conflict
2. UC graduates are global citizens - think globally about issues in their profession
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 - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development

Prerequisites

11751 Legal Methods and Skills G AND 11752 Legal Systems G

Corequisites

Must be enrolled in SCC001 Graduate Certificate in Legal Studies, SCG002 Graduate Diploma in Legal Studies or SCM002 Juris Doctor.

Incompatible units

11276 Litigation and Dispute Processing

Equivalent units

7233 Litigation and Dispute Processing PG

Assumed knowledge

None.