LAWS 4013 Civil Procedure and Arbitration

Credit Points 10

Coordinator Chee 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.

School Law

Student Contribution Band

Check your HECS Band contribution amount via the Fees page.

Level Undergraduate Level 4 subject

Pre-requisite(s) 200977 Fundamentals of Australian Law OR 200006 Introduction to Law
AND 200978 Legal Analysis and Critique OR 200007 Law Foundation

Equivalent Subjects 200017 Dispute Resolution and Civil Procedure AND
200813 Civil Procedure and Arbitration

Learning Outcomes

  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
  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

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.

Item Length Percent Threshold Individual/Group Task
Class Participation Ongoing 10 N Individual
Part A: Research Report 1,500 words 40 N Individual
Part B: Research Report 500 words 5 N Individual
Final Exam 3 hours 45 N Individual

Prescribed Texts

Stephen Colbran et al, Civil Procedure: Commentary and Materials (LexisNexis Butterworths, 7th ed, 2019).

Teaching Periods

2022 Semester 2

Campbelltown

Day

Subject Contact Chee Foong Opens in new window

Attendance Requirements 80% attendance rate is imposed in all core subjects’ due to the nature of class activities that are aligned with subject assessments.

View timetable Opens in new window

Evening

Subject Contact Chee Foong Opens in new window

Attendance Requirements 80% attendance rate is imposed in all core subjects’ due to the nature of class activities that are aligned with subject assessments.

View timetable Opens in new window

Parramatta - Victoria Rd

Evening

Subject Contact Chee Foong Opens in new window

Attendance Requirements 80% attendance rate is imposed in all core subjects’ due to the nature of class activities that are aligned with subject assessments.

View timetable Opens in new window

Day

Subject Contact Chee Foong Opens in new window

Attendance Requirements 80% attendance rate is imposed in all core subjects’ due to the nature of class activities that are aligned with subject assessments.

View timetable Opens in new window