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
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 - 2023
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 Unit coordinator and tutorial discussions.
Students find it difficult to transition from blackletter law to incorporating civil procedural processes.
Change the second assessment from student choice to a set civil procedure problem. Perhaps along the lines of a running file.
Feedback from Unit coordinator observations.
Introduce a second practical assessment.
The second assessment will be altered to a practical exercise.
- 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
- 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: 8th (2022)
Authors: Colbran and Spender
Lexis Nexis
Sydney Sydney , NSW , Australia
ISBN: 9780409354263
Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
a.turner3@cqu.edu.au
s.colbran@cqu.edu.au
Module/Topic
Chapter
Colbran, S., and Spender, P. Civil Procedure: Commentary and Materials (8th ed, 2022) LexisNexis Ch 1, 2, 3.
Visit the Conflict Resolution Network website www.crnhq.org (accessed 3 May 2023) and examine the free training material. Make sure you study: the Self-study guide, 12 skills summary, and the CR Kit.
Events and Submissions/Topic
Module/Topic
Chapter
Colbran, Spender, Jackson and Douglas, Civil Procedure Commentary and Materials (LexisNexis, 8th ed, 2022) Ch 4, 6.
Events and Submissions/Topic
Module/Topic
Chapter
Colbran, Spender, Douglas and Jackson, Civil Procedure Commentary and Materials (LexisNexis, 8th ed, 2020) Ch 7, 8, 9.
Events and Submissions/Topic
Module/Topic
Chapter
Colbran, Spender, Douglas and Jackson, Civil Procedure Commentary and Materials (LexisNexis, 8th ed, 2022) Ch 5, 10, 11.
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
Module/Topic
Chapter
Colbran, Spender, Jackson and Douglas, Civil Procedure Commentary and Materials (LexisNexis, 8th ed, 2022) Ch 12, 13.
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Colbran, Spender, Jackson and Douglas, Civil Procedure Commentary and Materials (LexisNexis, 8th ed, 2022) Ch 14.
Events and Submissions/Topic
Module/Topic
Chapter
Colbran, Spender, Jackson and Douglas, Civil Procedure Commentary and Materials (LexisNexis, 8th ed, 2022) Ch 15, 16.
Events and Submissions/Topic
Module/Topic
Chapter
Colbran, Spender, Jackson and Douglas, Civil Procedure Commentary and Materials (LexisNexis, 8th ed, 2022) Ch 17.
Events and Submissions/Topic
Module/Topic
Chapter
Colbran, Spender, Jackson and Douglas, Civil Procedure Commentary and Materials (LexisNexis, 8th ed, 2022) Ch 18.
Events and Submissions/Topic
Module/Topic
Chapter
Colbran, Spender, Jackson and Douglas, Civil Procedure Commentary and Materials (LexisNexis, 8th ed, 2022) Ch 19.
Events and Submissions/Topic
Module/Topic
Chapter
Colbran, Spender, Jackson and Douglas, Civil Procedure Commentary and Materials (LexisNexis, 8th ed, 2022) Ch 20.
Events and Submissions/Topic
Module/Topic
Chapter
Colbran, Spender, Jackson and Douglas, Civil Procedure Commentary and Materials (LexisNexis, 8th ed, 2022) Ch 21, 22.
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
LAWS 13017 Civil Procedure Assessment Instructions 2023
You will be presented with a detailed scenario requesting that you prepare the necessary pleadings for a new firm client. You will receive instructions from the client and other relevant documents. The scenario will require you to draft documents to initiate a claim, prepare file notes and a potential default judgment.
A detailed rubric is available on the Moodle site in the document entitled "Pleading Assessment 2023 Instructions". The rubric is also reproduced below.
Your final version must be submitted as a single PDF document using 'e-Submission'. No consideration will be given to content which exceeds the 2000 word limit (excluding the words contained in pro forma court forms). When uploading your file make sure that you adopt the following naming convention: "<student number>_<surname>_LAWS13017_Assignment_1.pdf" eg 16789909_Bloggs_LAWS13017_Assignment_1.pdf.
The written outcomes are due Week 6 Monday 21st August 2023 at 11:59 AEST.
Week 6 Monday (21 Aug 2023) 11:59 pm AEST
Week 9 Monday (11 Sept 2023)
Rubric
| Criteria | Above standard | Standard | Below standard |
| Identification of correct parties | All parties identified | Most parties identified | Few parties identified. |
| Identification of service issues | Identification of all major issues. | Identification of most major issues. | Identification of some major issues. |
| Identification of issues associated with the initiating process | Identification of all major issues. | Identification of most major issues. | Identification of some major issues. |
| Identification of pleading and file note issues | Identification of all major issues. | Identification of most major issues. | Identification of some major issues. |
| Identification and use of correct form(s) | Use of correct form correctly filled in. | Use of the correct form, but not entirely correct. | Use of wrong forms or forms are grossly incomplete. |
| Clearly structured documents | Superbly structured documents | Well-structured documents | Poorly structured documents |
| Pleading the facts not law | All facts correctly pleaded | Most facts correctly pleaded | Numerous errors in facts pleaded |
| Plain English Drafting | No Plain Englishdrafting errors. | Some Plain Englishdrafting errors. | Numerous PlainEnglish draftingerrors. |
| Spelling and Grammar | No spelling orgrammatical issues. | Minor spelling orgrammatical issues. | Numerous spellingor grammaticalissues. |
| Concise drafting | Clear and concisewritten expression. | Some unclear orverbose writtenexpression. | Numerous examplesof unclear or verbosewritten expression. |
- 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
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
2 Practical Assessment
The 35% Practical Assessment for LAWS13017 Civil Procedure is a clinical practice exercise. The exercise will involve you choosing one of the following options:
- Option 1 - Create a research article critiquing arguments for and against whether self-litigants should use generative AI to conduct litigation and whether regulation is necessary;
- 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.
The written outcomes are due Week 10 Monday 18 September 2023 at 11:59 AEST.
Assessment Criteria
Detailed rubrics for each assessment option are available on the Moodle site in the document entitled "Practical Assessment 2023 Instructions" and are also reproduced below.
Your final version must be submitted as a single PDF document 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: "<student number>_<surname>_LAWS13017_Assignment_2.pdf" eg 16789909_Bloggs_LAWS13017_Assignment_2.pdf.
Week 10 Monday (18 Sept 2023) 11:59 pm AEST
Review/Exam Week Monday (9 Oct 2023)
Option 1: Research Article
The research article is marked out of 35 marks, corresponding to 35% of the total marks for the course. The research article should not exceed 2,500 words in length. A bibliography is not necessary. Footnotes will not be included in the wordcount.
Assessment rubric
| 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 arguments. | Well-structured argument. | Poorly structured argument. |
| Higher order goal (10%): | |||
| Reflection | Powerful, honest, thoughtful reflective statements demonstrating depth and breadth of engagement with the research literature | Thoughtful reflective statements demonstrating strong engagement with the research literature. | Low-level reflective statements are made against some of the attributes, demonstrating engagement with the research literature. |
| 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. |
Option 2: Law Reform Proposal/Submission
The Law Reform Proposal/Submission is marked out of 35 marks, corresponding to 35% of the total marks for the course. The submission should not exceed 2,500 words in length. A bibliography is not necessary. Footnotes will not be included in the wordcount.
Choose a small topic or part of a larger topic that you believe requires law reform. Examples of Queensland Law Reform Reports may be found at http://www.qlrc.qld.gov.au/current-reviews.
Alternatively make a submission to a current law reform project in any Australian Law Reform Commission.
Law Reform Commission (NSW): http://www.lawreform.justice.nsw.gov.au/Pages/lrc/lrc_current_projects/lrc_current_projects.aspx
LAW Reform Commission (Vic):
http://www.lawreform.vic.gov.au/all-projects/all-current-projects
LAW Reform Commission of Western Australia:
http://www.lrc.justice.wa.gov.au/c/current_projects.aspx
Your focus should be on the procedural aspects of the Law reform topic.
Assessment rubric
| 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 arguments. | Well-structured argument. | Poorly structured argument. |
| 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. |
Option 3 - Researching and reflecting on the law on an actual client matter
The Research and Reflection is marked out of 35 marks, corresponding to 35% of the total marks for the course. The submission should not exceed 2,500 words in length.
Students may approach their employer, a community legal center or another legal services provider for the opportunity to assist with an actual client matter. Typically, this would involve conducting research on aspects of a client problem. It is essential that students understand their ethical obligations as a person soon to become a practitioner. The ethical obligations are covered in LAWS13013 Legal Professional Conduct. The primary responsibility is that of maintaining client confidentiality. Your task is to research the law related to a client matter and write a reflection on what you have learned from the research exercise. Your reflection should include a detailed analysis of the relevant research task, how you approached the issue and what you have learnt from the process.
Assessment rubric
| 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 arguments. | Well-structured argument. | Poorly structured argument. |
| Higher order goal (10%): | |||
| Reflection | Powerful, honest, thoughtful reflective statements demonstrating depth and breadth of engagement in the placement experience. | Thoughtful reflective statements demonstrating strong engagement in the placement experience. | Low-level reflective statements are made against some of the attributes, demonstrating engagement in the placement experience. |
| 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. |
- Articulate and apply Supreme Court civil procedure, referencing legislation, rules, practice directions and court forms
- Apply civil procedure knowledge in a clinical setting.
- Communication
- Problem Solving
- Critical Thinking
3 Online Quiz(zes)
Instructions
Review/Exam Week Friday (13 Oct 2023) 11:59 pm AEST
Released Thursday 12th October 11:59PM due Friday 13th October 11:59PM.
Exam Week Friday (20 Oct 2023)
Results visible in Moodle gradebook.
This is a complex multi-choice examination with one correct answer per question. There are no assessment criteria other than pertaining to unit content.
- 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
- Problem Solving
- Critical Thinking
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?
