LAW5104

Civil procedure 506 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: Associate Professor Judd Epstein (Summer)/Mrs Yet Bryant (Semester 1)/Associate Professor Judd Epstein (Intensive)/Ms Tania Penovic (Semester 2)

Offered:
Clayton First semester 2005 (Day)
Clayton SA-02 2005 (Day)
Clayton Second semester 2005 (Day)
Clayton Summer 2005 (Day)

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.

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.

Assessment: Summer semester, first semester and second semester: Optional pleadings test: 25% OR Optional case study: 25% + Final examination (2.5 hours plus 30 minutes reading and noting time): 75% if either pleading exercise or case study completed and 100% if neither pleadings exercise nor case study completed.

Contact Hours: Three hours of lectures per week and 6 hours of drafting tutorials (optional)

Prerequisites: LAW1100 Legal Process

Corequisites: LAW2100 Contract, LAW2200 Torts