Civil procedure A 530
Not offered in 1995
30 points * Three 1-hour lectures per week * Full-year subject * Clayton
This subject is concerned with the process of resolution of civil disputes. It surveys the range of methods by which disputes are resolved, and indicates the institutions provided by the State, as well as by private ordering, to complement the courts. Factors for choosing to litigate or another mode of resolution are discussed. This subject then focuses upon the process of litigation, the rules by which disputes in the courts are regulated and brought to a conclusion. Rules of procedure provide a framework for the application of the substantive law and are the means by which a right of action becomes a judgment. If procedural rules are to achieve this object they must provide for (a) the giving of notice of the proceedings to the defendant; (b) the formulation of the issues to be tried; (c) when facts are in issue, the proof of those facts; (d) a trial at which the issues are determined; (e) the enforcement of the decision given at the trial. These requirements will be examined in relation to the courts of Victoria and Federal courts.
Assessment
Final examination: 50% * Two simulation skill exercises chosen from ex parte hearing before the Master, drafting of pleadings, negotiation exercise, intra partes hearing, mediation exercise: 25% each