Credit Points 10

Legacy Code 201061

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. It 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 Postgraduate Coursework Level 7 subject

Pre-requisite(s) LAWS 7056 Fundamentals of Australian Law AND
LAWS 7061 Legal Analysis and Critique

Incompatible Subjects LAWS 4013 Civil Procedure and Arbitration

Restrictions

Students must be enrolled in a postgraduate program.

Learning Outcomes

On successful completion of this subject, students should 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 in a coherent and effective manner;
4. Create a legal document relevant to civil procedure suited to audience and context;
5. Assess the ethical and legal ethical issues surrounding Dispute Resolution models and practice.

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’