LAW5104

Civil procedure 506

Mr J Epstein and Mrs Y Bryant

6 points - First/second semesters: three 1-hour lectures per week - 6 hours of drafting tutorials (optional) - Summer semester: two 2-hour lectures per week - Clayton - Corequisites: LAW2100 and LAW2200

Objectives Students who successfully complete the subject should (1) understand the sequence, steps and documentation of common law and commercial litigation; (2) be familiar with the major sources of law and research tools in the area of civil procedure; (3) be able to categorise an arising fact situation and apply the relevant substantive law to the applicable procedural step; (4) recognise and select the requisite procedural document; (5) be able to draft elementary pleadings; (6) be sensitised to the use and abuse of civil procedural devices, especially costs and delay; and (7) be aware of the theoretical underpinnings of our procedural system

Synopsis The major steps in litigation. Using the Rules of the Supreme Court of Victoria, the chronology of a civil proceeding from the decision to sue until the matter is ready for trial.

Assessment Class test: 25% - Final examination (3 hours): 75% - or final examination and either case drafting or pleadings exercise: 50% and 25% respectively.
Assessment summer school As above.

Texts

Epstein J Civil procedure: Cases and materials 1995
Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth)
Rules of the Supreme Court (Vic.) 1996
Supreme Court Act 1986 (Vic.)

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