CQUniversity Unit Profile
LAWS13017 Civil Procedure
Civil Procedure
All details in this unit profile for LAWS13017 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student).
The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.
General Information

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

Career Level: Undergraduate
Unit Level: Level 3
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

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

Distance

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).

Class and Assessment Overview

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

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Written Assessment
Weighting: 35%
2. Practical Assessment
Weighting: 35%
3. Online Quiz(zes)
Weighting: 30%

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.

Previous Student Feedback

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

Feedback

Great feedback and an accessible and responsive lecturer.

Recommendation

Continue to provide detailed and responsive feedback.

Feedback from Have your Say

Feedback

Lots of assignment options to choose from.

Recommendation

Continue to provide a wide variety of assessment options.

Feedback from Have your Say

Feedback

Moodle site slow to load.

Recommendation

Look for options to improve Moodle download rates.

Feedback from Have your Say

Feedback

First assignment demanded completion of professional documents, possibly beyond student capability.

Recommendation

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

Feedback

Tough marking standards.

Recommendation

This is a third year unit and students are expected to be approaching professional standards with their work.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Comprehend and critically examine the court adjudication process under the adversarial system in Australia in comparison with a Civil Law inquisitorial system.
  2. Articulate and apply the procedures of the Supreme Court with reference to relevant legislation, rules, practice directions and court forms.
  3. Research and draft appropriate pleadings for a hypothetical fact situation.
  4. Apply Civil Procedure knowledge in a clinical setting.
Alignment of Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

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

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Written Assessment - 35%
2 - Practical Assessment - 35%
3 - Online Quiz(zes) - 30%
Textbooks and Resources

Textbooks

Prescribed

Civil Procedure Commentary and Materials 6th (2015)

Authors: Colbran, S; Spender, P; Jackson, S; Douglas, R
LexisNexis Butterworths
Chatswood Chatswood , NSW , Australia
ISBN: 9780409339758
Binding: Paperback

IT Resources

You will need access to the following 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.
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed

For further information, see the Assessment Tasks.

Teaching Contacts
Stephen Colbran Unit Coordinator
s.colbran@cqu.edu.au
Schedule
Week 1 Begin Date: 10 Jul 2017

Module/Topic

Court Adjudication, Case Management and ADR

Chapter

1, 2, 3

Events and Submissions/Topic

Week 2 Begin Date: 17 Jul 2017

Module/Topic

Jurisdiction and Limitation of Actions

Chapter

4, 6

Events and Submissions/Topic

Week 3 Begin Date: 24 Jul 2017

Module/Topic

Instituting Proceedings, Service and Notice of Intention to Defend

Chapter

7, 8, 9

Events and Submissions/Topic

Week 4 Begin Date: 31 Jul 2017

Module/Topic

Parties and Joinder, Class actions and Non-compliance, Amendment and Time

Chapter

5, 10, 11

Events and Submissions/Topic

Week 5 Begin Date: 07 Aug 2017

Module/Topic

Pleading and Summary Disposition

Chapter

12, 13

Events and Submissions/Topic

Vacation Week Begin Date: 14 Aug 2017

Module/Topic

Chapter

Events and Submissions/Topic

Week 6 Begin Date: 21 Aug 2017

Module/Topic

Disclosure

Chapter

14

Events and Submissions/Topic

Week 7 Begin Date: 28 Aug 2017

Module/Topic

Further means of obtaining Evidence and Affidavits

Chapter

15, 16

Events and Submissions/Topic

Written Assessment Due: Week 7 Monday (28 Aug 2017) 11:45 pm AEST
Week 8 Begin Date: 04 Sep 2017

Module/Topic

Interlocutory Proceedings

Chapter

17

Events and Submissions/Topic

Week 9 Begin Date: 11 Sep 2017

Module/Topic

Disposition without Trial

Chapter

18

Events and Submissions/Topic

Week 10 Begin Date: 18 Sep 2017

Module/Topic

Trial

Chapter

19

Events and Submissions/Topic

Week 11 Begin Date: 25 Sep 2017

Module/Topic

Appeal and New Trial

Chapter

20

Events and Submissions/Topic

Practical Assessment Due: Week 11 Wednesday (27 Sept 2017) 11:45 pm AEST
Week 12 Begin Date: 02 Oct 2017

Module/Topic

Costs and Enforcement

Chapter

21, 22

Events and Submissions/Topic

Review/Exam Week Begin Date: 09 Oct 2017

Module/Topic

Chapter

Events and Submissions/Topic

Quiz Due: Review/Exam Week Tuesday (10 Oct 2017) 5:00 am AEST
Exam Week Begin Date: 16 Oct 2017

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Written Assessment

Assessment Title
Written Assessment

Task Description

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).


Assessment Due Date

Week 7 Monday (28 Aug 2017) 11:45 pm AEST

Your final version must be submitted as a single PDF using ‘E-Submission’.


Return Date to Students

Week 9 Friday (15 Sept 2017)


Weighting
35%

Assessment Criteria

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.


Referencing Style

Submission
Online

Submission Instructions
Your final version must be submitted as a single PDF using ‘e-Submission’. No consideration will be given to content which exceeds the 2,000 word limit. When uploading your file make sure that you adopt the following naming convention: "__LAWS13017_Assignment_1.pdf" e.g. 16789909_Bloggs_LAWS13017_Assignment_1.pdf.

Learning Outcomes Assessed
  • 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.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Team Work
  • Information Technology Competence

2 Practical Assessment

Assessment Title
Practical Assessment

Task Description

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.


Assessment Due Date

Week 11 Wednesday (27 Sept 2017) 11:45 pm AEST


Return Date to Students

Review/Exam Week Friday (13 Oct 2017)


Weighting
35%

Assessment Criteria

Detailed assessment criteria is available on the LAWS13017 Moodle website.


Referencing Style

Submission
Online

Submission Instructions
Your final version must be submitted as a single PDF using ‘e-Submission’. No consideration will be given to content which exceeds the 2,000 word limit. When uploading your file make sure that you adopt the following naming convention: "__LAWS13013_Assignment_2.pdf" e.g. 16789909_Bloggs_LAWS13017_Assignment_2.pdf

Learning Outcomes Assessed
  • 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.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Team Work
  • Information Technology Competence
  • Ethical practice

3 Online Quiz(zes)

Assessment Title
Quiz

Task Description

Instructions

The Quiz will be in multiple-choice format with 6 choices per question. Some questions have one correct answer, others will require multiple components to be selected to constitute a correct answer. Each question will indicate the number of responses required to constitute a correct answer. Part marks will be deducted for the selection of incorrect components of an answer for questions requiring the selection of multiple components, or for the wrong choice for a single answer question. Part marks will be awarded for the selection of correct components of an answer for questions requiring the selection of multiple components. No marks are deducted for not answering a question or a component of a question. This process is designed to discourage guessing.
The quiz will be of a duration of 120 minutes and will have a total of 36 questions consisting of 3 questions from each week of the 12 week unit.
The Quiz will be available for 24 hours. Make sure you start and complete the 120 min quiz within the 24 hour period. Once you start the quiz you must complete the quiz within 120 min.
In the absence of an approved extension, there will be no opportunity to complete the task after this date and there will be no opportunity to apply a late penalty of five per cent per day. You will receive a mark of zero for this assessment task.
You will receive a mark out of 30 (<your score>x30/36) representing 30% of your grade for this unit.


Number of Quizzes

1


Frequency of Quizzes


Assessment Due Date

Review/Exam Week Tuesday (10 Oct 2017) 5:00 am AEST

The Quiz is open for a period of 24 hours.


Return Date to Students

Review/Exam Week Friday (13 Oct 2017)


Weighting
30%

Assessment Criteria

No Assessment Criteria


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Articulate and apply the procedures of the Supreme Court with reference to relevant legislation, rules, practice directions and court forms.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy

Academic Integrity Statement

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?