LAW5104 - Civil procedure 506

Leader(s): Tania Penovic (Semester 1); Karinne Ludlow (Semester 2)

Offered

Clayton First semester 2009 (Day)
Clayton Second semester 2009 (Day)
Clayton Summer semester A 2009 (Day)
Clayton Summer semester B 2009 (Day)

Synopsis

The focus of the unit is 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 is examined.

Objectives

Students who successfully complete the unit 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

Drafting Unit:25% and Examination (3 hours plus 30 minutes reading and noting time): 75% OR Optional case-based assessment exercise: 25% and Drafting Unit: 25% and Examination (2 hours plus 30 minutes reading and noting time): 50%

Contact hours

Three hours of lectures per week and 6 hours of drafting tutorials (optional). Also taught intensively over Summer A.

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW2100 or LAW2101 and LAW2102; LAW2200 or LAW2201 and LAW2202