Overview
Civil Procedure aims to explore the issues of cost, delay and access to justice as critical issues in modern case management. The unit examines in detail the following issues in civil litigation: court adjudication under the adversarial system, alternative dispute resolution, jurisdiction, limitation of actions, instituting proceedings, service, appearance, parties and joinder, pleading, summary disposition, non-compliance, amendment and time, discovery, further means of obtaining evidence, affidavits, interlocutory procedures, disposition without trial, trial, appeal and new trial, costs and enforcement.
Details
Pre-requisites or Co-requisites
Prerequisite:- LAWS11061, LAWS11062, LAWS11063 & LAWS11064
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 2 - 2017
Attendance Requirements
All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from Have your Say
Great feedback and an accessible and responsive lecturer.
Continue to provide detailed and responsive feedback.
Feedback from Have your Say
Lots of assignment options to choose from.
Continue to provide a wide variety of assessment options.
Feedback from Have your Say
Moodle site slow to load.
Look for options to improve Moodle download rates.
Feedback from Have your Say
First assignment demanded completion of professional documents, possibly beyond student capability.
More examples will be provided. This is a third year unit and students are expected to be approaching professional standards with their work.
Feedback from Have your Say
Tough marking standards.
This is a third year unit and students are expected to be approaching professional standards with their work.
- Comprehend and critically examine the court adjudication process under the adversarial system in Australia in comparison with a Civil Law inquisitorial system.
- Articulate and apply the procedures of the Supreme Court with reference to relevant legislation, rules, practice directions and court forms.
- Research and draft appropriate pleadings for a hypothetical fact situation.
- Apply Civil Procedure knowledge in a clinical setting.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Written Assessment - 35% | ||||
| 2 - Practical Assessment - 35% | ||||
| 3 - Online Quiz(zes) - 30% | ||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Communication | ||||
| 2 - Problem Solving | ||||
| 3 - Critical Thinking | ||||
| 4 - Information Literacy | ||||
| 5 - Team Work | ||||
| 6 - Information Technology Competence | ||||
| 7 - Cross Cultural Competence | ||||
| 8 - Ethical practice | ||||
| 9 - Social Innovation | ||||
| 10 - Aboriginal and Torres Strait Islander Cultures | ||||
Alignment of Assessment Tasks to Graduate Attributes
| Assessment Tasks | Graduate Attributes | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| 1 - Written Assessment - 35% | ||||||||||
| 2 - Practical Assessment - 35% | ||||||||||
| 3 - Online Quiz(zes) - 30% | ||||||||||
Textbooks
Civil Procedure Commentary and Materials
Edition: 6th (2015)
Authors: Colbran, S; Spender, P; Jackson, S; Douglas, R
LexisNexis Butterworths
Chatswood Chatswood , NSW , Australia
ISBN: 9780409339758
Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Computer with audio card or equivalent device enabling video conferening with sound using Zoom.
- Webcam or equivalent device enabling video conferencing using Zoom.
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed
For further information, see the Assessment Tasks.
s.colbran@cqu.edu.au
Module/Topic
Court Adjudication, Case Management and ADR
Chapter
1, 2, 3
Events and Submissions/Topic
Module/Topic
Jurisdiction and Limitation of Actions
Chapter
4, 6
Events and Submissions/Topic
Module/Topic
Instituting Proceedings, Service and Notice of Intention to Defend
Chapter
7, 8, 9
Events and Submissions/Topic
Module/Topic
Parties and Joinder, Class actions and Non-compliance, Amendment and Time
Chapter
5, 10, 11
Events and Submissions/Topic
Module/Topic
Pleading and Summary Disposition
Chapter
12, 13
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Disclosure
Chapter
14
Events and Submissions/Topic
Module/Topic
Further means of obtaining Evidence and Affidavits
Chapter
15, 16
Events and Submissions/Topic
Module/Topic
Interlocutory Proceedings
Chapter
17
Events and Submissions/Topic
Module/Topic
Disposition without Trial
Chapter
18
Events and Submissions/Topic
Module/Topic
Trial
Chapter
19
Events and Submissions/Topic
Module/Topic
Appeal and New Trial
Chapter
20
Events and Submissions/Topic
Module/Topic
Costs and Enforcement
Chapter
21, 22
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
The written assessment is an individual drafting exercise. The facts concerning the drafting exercise will be posted on the unit website during week 2. The word limit is 2000 words excluding footnotes (if relevant).
Week 7 Monday (28 Aug 2017) 11:45 pm AEST
Your final version must be submitted as a single PDF using ‘E-Submission’.
Week 9 Friday (15 Sept 2017)
| Criteria | Excellent | Good | Poor |
| Basic goals (20%): | |||
| Identification of primary issues | Identification of all major issues. | Identification of most major issues. | Identification of some major issues. |
| Demonstrated understanding of the subject matter | Excellent demonstrated understanding of the subject matter. | Good understanding of the subject matter. | Lacks understanding of the subject matter. |
| Structured argument | Superbly structured document. | Well-structured document. | Poorly structured document. |
| Higher order goal (10%): | |||
| Analytical ability | Demonstrated high level of analysis. | Some analytical errors or omissions. | Numerous analytical errors or omissions. |
| Skills (5%): | |||
| Demonstrated clear and concise written expression | Clear and concise written expression. | Some unclear or verbose written expression. | Numerous examples of unclear or verbose written expression. |
| Spelling and grammar | No identifiable spelling or grammatical issues. | Minor spelling or grammatical issues. | Numerous spelling or grammatical issues. |
| Plain English drafting | No Plain English drafting errors. | Some Plain English drafting errors. | Numerous Plain English drafting errors. |
- Comprehend and critically examine the court adjudication process under the adversarial system in Australia in comparison with a Civil Law inquisitorial system.
- Articulate and apply the procedures of the Supreme Court with reference to relevant legislation, rules, practice directions and court forms.
- Research and draft appropriate pleadings for a hypothetical fact situation.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Team Work
- Information Technology Competence
2 Practical Assessment
The Practical Assessment for LAWS13017 Civil Procedure is a clinical practice exercise which will occur at some point during weeks 6 -11. In some options you will be required to do some reading and training on professional conduct before undertaking a placement activity. The exercise will involve you choosing one of the following experiences:
· Option 1 - A court report
· Option 2 - A law reform submission/proposal
· Option 3 - Researching and reflecting on the law for an actual client matter
· Option 4 – Research article – Students may choose their own civil procedure topic
· Option 5 – Supervised client interview. To participate in this option students must have completed LAWS13013 Legal Professional Conduct. This is strictly limited to the first 20 students who email s.colbran@cqu.edu.au by the close of week 4. The interview will need to be scheduled.
· Option 6 – Researching and summarising the law in the form of a fact sheet for use with clients at a community legal center. You will be assessed on the quality and presentation of our research.
The written outcomes will be due at the end of week 11.
Week 11 Wednesday (27 Sept 2017) 11:45 pm AEST
Review/Exam Week Friday (13 Oct 2017)
Detailed assessment criteria is available on the LAWS13017 Moodle website.
- Articulate and apply the procedures of the Supreme Court with reference to relevant legislation, rules, practice directions and court forms.
- Apply Civil Procedure knowledge in a clinical setting.
- Communication
- Problem Solving
- Critical Thinking
- Team Work
- Information Technology Competence
- Ethical practice
3 Online Quiz(zes)
Instructions
1
Review/Exam Week Tuesday (10 Oct 2017) 5:00 am AEST
The Quiz is open for a period of 24 hours.
Review/Exam Week Friday (13 Oct 2017)
No Assessment Criteria
- Articulate and apply the procedures of the Supreme Court with reference to relevant legislation, rules, practice directions and court forms.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
