Civil Procedure (11783.1)
| Available teaching periods | Delivery mode | Location |
|---|---|---|
| View teaching periods | Online real-time On-campus |
Bruce, Canberra |
| EFTSL | Credit points | Faculty |
| 0.125 | 3 | Faculty Of Business, Government & Law |
| Discipline | Study level | HECS Bands |
| Canberra Law School | Level 4 - Undergraduate Advanced Unit | 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) |
Learning outcomes
After 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 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 procedure; and
4. Analyse 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 problems1. 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
This unit is only available to students in a Bachelor of Laws. Students must pave passed unit 11251 Foundations of Law and Justice.Corequisites
None.Incompatible units
11443 Litigation and Dispute Processing PGEquivalent units
11276 Litigation and Dispute Processing, 7047 Litigation and Dispute ProcessingAssumed knowledge
None.| Year | Location | Teaching period | Teaching start date | Delivery mode | Unit convener |
|---|---|---|---|---|---|
| 2025 | Bruce, Canberra | Semester 1 | 03 February 2025 | Online real-time | Dr Andrew Henderson |
| 2025 | Bruce, Canberra | Semester 1 | 03 February 2025 | On-campus | Dr Andrew Henderson |
| 2026 | Bruce, Canberra | Semester 1 | 16 February 2026 | Online real-time | Dr Andrew Henderson |
| 2026 | Bruce, Canberra | Semester 1 | 16 February 2026 | On-campus | Dr Andrew Henderson |
Required texts
Prescribed text
Colbran, Stephen and Peta Spender, Civil Procedure: Commentary and Materials (LexisNexis, 8th ed, 2022)
The Library has 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)
Hemming, Andrew and Tanya Penovic, Civil Procedure in Australia (LexisNexis, 2015)
The Court Procedure Rules 2006 (ACT) can be accessed for free HERE, The authorised forms for use in the civil jurisdiction of the ACT Supreme Court and Magistrates Court can be accessed for free HERE and The Australian Guide to Legal Citation (Melbourne University, 4th ed, 2018) can be accessed for free HERE. 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)
|
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 are 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.
