units

LAW5104

Faculty of Law

18 September 2017 26 April 2024
Monash University

Undergraduate - Unit

This unit entry is for students who completed this unit in 2013 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

print version

6 points, SCA Band 3, 0.125 EFTSL

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LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2013 (Day)
Clayton Second semester 2013 (Day)
Clayton Summer semester A 2013 (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.

Outcomes

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
  7. be aware of the theoretical underpinnings of our procedural system.

Assessment

Optional case-based assessment exercise (1500 words): 30% and examination (2 hours plus 30 minutes reading and noting time): 70%

OR

Examination (3 hours, plus 30 minutes reading and noting time) 100%

Chief examiner(s)

Ms Nicole Mollard (Summer A)
Ms Alicia Wright (First Semester)
Ms Nicole Mollard (Second Semester)

Contact hours

Eight hours of lectures per week.

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW2100 or LAW2101 and LAW2102; LAW2200 or LAW2201 and LAW2202