LAWS 7045 Civil Procedure and Arbitration

Credit Points 10

Legacy Code 201061

Coordinator Patrick Foong Opens in new window

Description This unit 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 unit 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 Postgraduate Coursework Level 7 subject

Pre-requisite(s) LAWS 7056 AND
LAWS 7061

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;
  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

- 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

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
Research Report Part A Assignment 2000 words 40 N Individual
Research Report Part B Bibliography 500 words 5 N Individual
Participation Ongoing 10 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

Spring

Parramatta - Victoria Rd

Day

Subject Contact Patrick Foong Opens in new window

View timetable Opens in new window

Structures that include subject