LAWS13017 - Civil Procedure

General Information

Unit Synopsis

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

Level Undergraduate
Unit Level 3
Credit Points 6
Student Contribution Band 3
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).

Class Timetable View Unit Timetable
Residential School No Residential School

Unit Availabilities from Term 2 - 2020

Term 2 - 2020 Profile
Online
Term 2 - 2021 Profile
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).

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.

Assessment Tasks

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

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

Past Exams

To view Past Exams, please login
Previous Feedback

No previous feedback available

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.

Source: Have Your Say Survey
Feedback
Have Your Say Surveys reveal that assessment requirements need to be improved.
Recommendation
Further scaffolding of assessment requirements will be provided to the extent that the authentic nature of assessment pursued in this unit is not compromised.
Action Taken
Further adjustment of assessment requirements, within existing assessment tasks, ensuring that assessment is not compromised.
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 Assessment Tasks to Learning Outcomes
Assessment Tasks Learning Outcomes
1 2 3 4
1 - Written Assessment
2 - Practical Assessment
3 - Online Quiz(zes)
Alignment of Graduate Attributes to Learning Outcomes
Introductory Level
Intermediate Level
Graduate Level
Graduate Attributes Learning Outcomes
1 2 3 4
1 - Communication
2 - Problem Solving
3 - Critical Thinking
4 - Information Literacy
8 - Ethical practice
Alignment of Assessment Tasks to Graduate Attributes
Introductory Level
Intermediate Level
Graduate Level
Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Written Assessment
2 - Practical Assessment
3 - Online Quiz(zes)