Civil procedure 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
* Corequisites: LAW2100 and LAW2200
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 and either case drafting or pleadings exercise: 50%
and 25% respectively
Texts
Epstein J Civil procedure: Cases and materials 1995
Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth)
Rules of the Supreme Court (Vic.) 1996
Supreme Court Act 1986 (Vic.)
| Published by Monash University, Clayton, Victoria
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