units

LAW4303

Faculty of Law

18 September 2017 26 April 2024

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This unit entry is for students who completed this unit in 2016 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.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Offered

Clayton

  • First semester 2016 (Day)
  • Second semester 2016 (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

Examination (2 hours plus 30 minutes reading and noting time): 50%
Drafting test: 20%
Quiz: 10%
Group presentation on alternative dispute resolution: 10%
Individual reflection (500 words): 10%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Ms Nicki Mollard (First Semester)
Professor Jeffrey Waincymer (Second Semester)
Dr Tania Penovic (Summer Semester A)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015:
LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW3111; LAW4332

LAW2100 or LAW2101 and LAW2102; LAW2200 or LAW2201 and LAW2202