Credit Points 10

Coordinator Patrick Foong Opens in new window

Description This subject provides a comprehensive analysis of the practical and theoretical issues encountered in Australian civil procedure. This Subject examines the major roles and practices governing court supervised processes which are involved in superior court litigation as well as key aspects of arbitration. This subject will include a selection from the following or similar topics: characteristics of an adversarial system, case management procedure, the rules of pleadings, jurisdiction and joinder, service, discovery and Interrogatories, means of gathering evidence at pre-trial including subpoenas and notice to produce, judgment and appeals, enforcement and costs, and arbitration.

School Law

Discipline Legal Practice

Student Contribution Band HECS Band 4 10cp

Check your HECS Band contribution amount via the Fees page.

Level Undergraduate Level 4 subject

Pre-requisite(s) LAWS 1003 Fundamentals of Australian Law OR LAWS 1006 (200006) Introduction to Law
AND LAWS 1009 Legal Analysis and Critique OR LAWS 1008 (200007) Law Foundation

Equivalent Subjects LAWS 4005 Dispute Resolution and Civil Procedure
LAWS 3008 Civil Procedure and Arbitration

Learning Outcomes

After successful completion of this subject, students will be able to: 

1. Analyse the legal principles and processes of Australian civil litigation, with a particular focus on the law in New South Wales to resolve legal problems, including legal issues relating to First Nations peoples
2. Analyse the legal principles and processes of arbitration to resolve legal problems
3. Present and defend a legal argument on civil procedure and arbitration 
4. Create a legal document relevant to civil procedure suited to audience and context

Subject Content

1. Characteristics of an adversarial system 
2. Case management procedure 
3. The rules of pleadings and joinder 
4. Jurisdiction 
5. Service 
6. Discovery and Interrogatories 
7. Means of gathering evidence at pre-trial including subpoenas and notice to produce 
8. Judgment and appeals 
9. Enforcement and costs 
10. Arbitration 
11. Access to justice for Indigenous communities’