Monash University Handbook 2010 Postgraduate - Unit

Synopsis

This subject gives students a thorough understanding of the principles of civil procedure as exemplified in the rules of the courts and associated caselaw. It includes examination of systems of case management operating in State and Federal courts and an introduction to forms of alternative dispute resolution practised in civil disputes. Students will also be introduced to the philosophy of civil disputes applicable in selected foreign jurisdictions.

Objectives

On completion of this subject students will have:

1. acquired a thorough understanding of the rules of civil litigation and of the chronology of a civil dispute from the time the dispute is presented to the lawyer until the matter is ready for trial;
2. acquired an understanding of the comparative advantages and disadvantages of alternative dispute resolution and disposition by trial so that they are capable of advising a client accordingly;
3. developed an understanding of the underlying philosophy of the adversary system as applied in civil litigation and of developments such as case management;
4. be aware of the proper and improper use of procedural tactics and of the ethical obligations of a practitioner involved in civil litigation;
5. acquired some understanding of alternative systems of dispute resolution as practised in other jurisdictions.

Assessment

Memorandum of Advice requiring students to advise a client on appropriate steps to be taken in a civil dispute: 30%
Final Examination: 70%

Chief examiner(s)

Professor Gregory Reinhardt (Trimester 1)
Ms Rachel Chrapot (Trimester 3)

Contact hours

2 hour seminar per week x 12 weeks

Prerequisites

LAW7212, LAW7265 (or LAW7428 and LAW7429), LAW7266

Prohibitions

LAW5104