LAWS 4013 LAWS 4013 Civil Procedure and Arbitration

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, including legal issues relating to First Nations peoples. . 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 fees 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:

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
Analyse the legal principles and processes of arbitration to resolve legal problems
Present and defend a legal argument on civil procedure and arbitration
Create a legal document relevant to civil procedure suited to audience and context

Subject Content

Characteristics of an adversarial system
Case management procedure
The rules of pleadings and joinder
Jurisdiction
Service
Discovery and Interrogatories
Means of gathering evidence at pre-trial including subpoenas and notice to produce
Judgment and appeals
Enforcement and costs
Arbitration
Access to justice for Indigenous communities’

Assessment

The following table summarises the standard assessment tasks for this subject. Please note this is a guide only. Assessment tasks are regularly updated, where there is a difference your Learning Guide takes precedence.