LAWS 7045 Civil Procedure and Arbitration
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. 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.
Discipline Legal Practice
Student Contribution Band HECS Band 4 10cp
Check your HECS Band contribution amount 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
Students must be enrolled in a postgraduate program.
On successful completion of this subject, students should 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;
- Analyse the legal principles and processes of arbitration to resolve legal problems;
- Present and defend a legal argument on civil procedure and arbitration in a coherent and effective manner;
- Create a legal document relevant to civil procedure suited to audience and context;
- Assess the ethical and legal ethical issues surrounding Dispute Resolution models and practice.
- characteristics of An adversarial system
- case management procedure
- The Rules of pleadings and joinder
- Discovery and Interrogatories
- means of gathering evidence at Pre-Trial including subpoenas and notice to produce
- Judgment and appeals
- enforcement and costs
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.
|Research Report Part A Assignment||2000 words||40||N||Individual|
|Research Report Part B Bibliography||500 words||5||N||Individual|
|Final Exam||2 hours||45||N||Individual|
- Stephen Colbran et al, Civil Procedure: Commentary and Materials (LexisNexis Butterworths, 8th ed, 2022).
Parramatta - Victoria Rd
Subject Contact Patrick Foong Opens in new window