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

LAWS13017 Civil procedure explores the issues of cost, delay and access to justice as critical issues in modern case management. In this unit you will examine in detail the following issues in civil litigation: court adjudication under an adversary system; the cost of litigation and the use of costs to control litigation; service of originating process - as foundation of jurisdiction, including service out of the relevant State or Territory and choice of forum; joinder of claims and parties, including group proceedings and the defence of prior adjudication as instances of the public interest in avoiding a multiplicity of proceedings and inconsistent verdicts; defining the questions for trial - pleadings, notices to admit and other devices; obtaining evidence - discovery of documents, interrogatories, subpoena and other devices; disposition without trial, including the compromise of litigation; extra-judicial determination of issues arising in the course of litigation; judgment; appeal; enforcement; alternative dispute resolution; and obligations of parties and practitioners relating to the resolution of disputes. This unit meets the LPAB requirements for civil dispute resolution.

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

Pre-requisite: 48 credit points of law 

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 - 2021

Online

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

Retain the practical pleading exercise.

Recommendation

Practical exercises will be included in future assessment.

Feedback from Have your Say

Feedback

More information on how to undertake practical exercises.

Recommendation

More scaffolding is required for practical assessments. Further pleading examples could be provided as a scaffold for drafting exercises. Further clarification could be provided on assessment rubric marking criteria for drafting exercises.

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 the Civil Law inquisitorial system
  2. Articulate and apply Supreme Court civil procedure, referencing 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 7th (2019)

Authors: Colbran, Spender, Jackson, Douglas
LexisNexis
Chatswood Chatswood , NSW , Australia
ISBN: 9780409348842
Binding: Paperback

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Microsoft Teams
  • Google Docs
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed

For further information, see the Assessment Tasks.

Teaching Contacts
Stephen Colbran Unit Coordinator
s.colbran@cqu.edu.au
Schedule
Week 1 Court adjudication, Case management and ADR Begin Date: 12 Jul 2021

Module/Topic

Court adjudication, Case management and ADR

Chapter

1, 2, 3

Events and Submissions/Topic

Tutorial problems 1-3

Week 2 Jurisdiction and Limitation of Actions Begin Date: 19 Jul 2021

Module/Topic

Jurisdiction and Limitation of Actions

Chapter

4, 6

Events and Submissions/Topic

Tutorial problems 4, 5

Week 3 Instituting proceedings and Notice of Intention to Defend Begin Date: 26 Jul 2021

Module/Topic

Instituting proceedings and Notice of Intention to Defend

Chapter

7, 8, 9

Events and Submissions/Topic

Tutorial problems 6-8

Week 4 Parties and Joinder, Non-compliance, Amendment and Time Begin Date: 02 Aug 2021

Module/Topic

Parties and Joinder, Non-compliance, Amendment and Time

Chapter

5, 10

Supreme Court of Queensland Practice Direction No 2 of 2017 Representative Proceedings.

Kylie Downes QC and Hamish Clift, “Queensland’s new class action regime”. 2017 May Proctor 28-29.

Events and Submissions/Topic

Tutorial problems 9, 10

Week 5 Pleadings and Summary Disposition Begin Date: 09 Aug 2021

Module/Topic

Pleadings and Summary Disposition

Chapter

12, 13

Events and Submissions/Topic

Tutorial problems 11-17

Vacation Week Begin Date: 16 Aug 2021

Module/Topic

Chapter

Events and Submissions/Topic

Week 6 Disclosure Begin Date: 23 Aug 2021

Module/Topic

Disclosure

Chapter

14

Events and Submissions/Topic

Tutorial problems 18, 19

Week 7 Further means of obtaining evidence and Affidavits Begin Date: 30 Aug 2021

Module/Topic

Further means of obtaining evidence and Affidavits

Chapter

15, 16

Events and Submissions/Topic

Tutorial problems 20-22


Pleading assessment Due: Week 7 Tuesday (31 Aug 2021) 11:59 pm AEST
Week 8 Interlocutory procedures Begin Date: 06 Sep 2021

Module/Topic

Interlocutory procedures

Chapter

17

Events and Submissions/Topic

Tutorial problems 23, 24

Week 9 Disposition without Trial Begin Date: 13 Sep 2021

Module/Topic

Disposition without Trial

Chapter

18

Events and Submissions/Topic

Tutorial problems 25, 26

Week 10 Trial Begin Date: 20 Sep 2021

Module/Topic

Trial

Chapter

19

Events and Submissions/Topic

Tutorial problems 27-29


Practical assessment Due: Week 10 Tuesday (21 Sept 2021) 11:59 pm AEST
Week 11 Appeal and New Trial Begin Date: 27 Sep 2021

Module/Topic

Appeal and New Trial

Chapter

20

Events and Submissions/Topic

Tutorial problems 30-32

Week 12 Costs and Enforcement Begin Date: 04 Oct 2021

Module/Topic

Costs and Enforcement

Chapter

17, 19

Events and Submissions/Topic

Tutorial problems 33-35

Review/Exam Week Begin Date: 11 Oct 2021

Module/Topic

Chapter

Events and Submissions/Topic

Online Quiz Due: Review/Exam Week Tuesday (12 Oct 2021) 11:59 pm AEST
Exam Week Begin Date: 18 Oct 2021

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Written Assessment

Assessment Title
Pleading assessment

Task Description

This task will involve drafting or reviewing a pleading. Detailed facts will be provided in week 2.


Assessment Due Date

Week 7 Tuesday (31 Aug 2021) 11:59 pm AEST


Return Date to Students

Week 9 Tuesday (14 Sept 2021)


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 (7.5%):
Analytical ability Demonstrated a high level of analysis. Some analytical errors or omissions. Numerous analytical errors or omissions.
Skills (7.5%):

Demonstrated clear and concise written expression


Spelling and grammar


Plain English drafting

Clear and concise written expression.



No identifiable spelling or grammatical issues.


No Plain English drafting errors.

Some unclear or verbose written expression.


Minor spelling or grammatical issues.


Some Plain English drafting errors.

Numerous examples of unclear or verbose written expression.


Numerous spelling or grammatical issues.


Numerous Plain English drafting errors.


Referencing Style

Submission
Online

Submission Instructions
Please ensure: you do not leave this assessment to the 'last minute', as it will require some research; you submit a single pdf file containing your assignment; name your pdf submission as follows: __LAWS13017_Pleadng_Assessment.pdf. No consideration will be given to content which exceeds the 2000 word limit. The word count does not include any text contained in standard court forms.

Learning Outcomes Assessed
  • Articulate and apply Supreme Court civil procedure, referencing 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

2 Practical Assessment

Assessment Title
Practical assessment

Task Description

The 35% Practical Assessment for LAWS13017 Civil Procedure is a practical exercise. The exercise will involve you choosing one of the following options:

· Option 1 - Research article on strategies to enable self-litigants to conduct their own litigation.

· Option 2 - A law reform submission/proposal.

· Option 3 - Researching and reflecting on the law for an actual client matter you are able to source.


Assessment Due Date

Week 10 Tuesday (21 Sept 2021) 11:59 pm AEST


Return Date to Students

Review/Exam Week Tuesday (12 Oct 2021)


Weighting
35%

Assessment Criteria

Detailed rubrics for each assessment option are available on the Moodle site in the document entitled "Practical Assessment 2021 Instructions".


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 2500 word limit. When uploading your file make sure that you adopt the following naming convention: "__LAWS13017_Practical_Assessment.pdf" eg 16789909_Bloggs_LAWS13017_Practical_Assessment.pdf.

Learning Outcomes Assessed
  • Articulate and apply Supreme Court civil procedure, referencing legislation, rules, practice directions and court forms
  • Apply civil procedure knowledge in a clinical setting.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking

3 Online Quiz(zes)

Assessment Title
Online Quiz

Task Description

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. 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 course.
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 percent 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


Frequency of Quizzes

Other


Assessment Due Date

Review/Exam Week Tuesday (12 Oct 2021) 11:59 pm AEST


Return Date to Students

Review/Exam Week Tuesday (12 Oct 2021)

Automated return after the quiz expiry via the Moodle Gradebook.


Weighting
30%

Assessment Criteria

The quiz does not have an assessment rubric. The complex multi-choice questions are designed to test student knowledge across the entire unit.


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Comprehend and critically examine the court adjudication process under the adversarial system in Australia in comparison with the Civil Law inquisitorial system
  • Articulate and apply Supreme Court civil procedure, referencing legislation, rules, practice directions and court forms


Graduate Attributes
  • Problem Solving
  • Critical Thinking

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?