MONASH UNIVERSITY FACULTY HANDBOOKS

Law Handbook 1996

Published by Monash University
Clayton, Victoria 3168, Australia

Authorised by Academic Registrar, April 1996


LAW5104

Civil procedure B 506

Mr J Epstein

6 points + First/second semesters: three 1-hour lectures per week + 6 hours of drafting tutorials (optional) + Summer semester: two 2-hour lectures per week + Clayton + Prerequisites: LAW2100 and LAW2200 + Corequisite: LAW3400

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

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.

Assessment Class test: 25% + Final examination (3 hours): 75% or final examination: 50% and either case study: 25% or drafting of pleadings exercise: 25%

Texts


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