Course Title: Civil Procedure

Part B: Course Detail

Teaching Period: Term1 2007

Course Code: LAW5047

Course ID: 018357

Course Title: Civil Procedure

School: 650T TAFE Business

Program Code: C6070 - Advanced Diploma of Business (Legal Practice)

Course Contact : Doug Cole

Course Contact Phone: +61 3 9925 5424

Course Contact Email: doug.cole@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Nominal Hours: 51

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

LAW5040 Legal Process [VBM898]
JUST5009 Law of Evidence [VBM897]

Course Description

This module covers court structure in Victoria, rules of procedure, conduct of a Supreme, County and Magistrates’ Court actions, pleadings, interlocutory procedures, enforcement of judgments and orders and alternative dispute resolution.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VBM907 Civil Procedure


Learning Outcomes


1. Analyse, outline and assess the structure and purpose of the court system as it presently operates within Victoria.
2. Assess the sources of procedural rules and practices in the Supreme Court.
3. Analyse the steps prior to litigation and the commencement of litigation.
4. Assess the nature, function and form of pleadings, particulars and third party procedures.
5. Analyse interlocutory procedures in defended actions.
6. Analyse and evaluate the process of preparation for trial, the enforcement of judgments or orders and costs.
7. Evaluate and analyse non-litigious avenues of dispute resolution.


Overview of Learning Activities


Details of Learning Activities

Students will study Civil Procedure skills and theory in class sessions and through prescribed exercises and assessment work. These concepts will also be explored through the investigation of appropriate real world and simulated environments.


Teaching Schedule

 Weekly Schedule - Full time students 
Week beginningTopicsAssessment
Week 1 – 12th FebThe structure of the court system 
Week 2 – 19th FebThe place of procedure in the legal system, historical development of procedure 
Week 3 – 26th FebSources of procedure, steps before commencement of litigation 
Week 4 – 55h MarWrits and Complaints, service 
Week 5 – 12th MarAppearance, pleadingsShort answer, multiple choice test (20%)
Week 6 – 19th MarPleadings (continued), particulars, remedies for defective pleading, amendment of pleadings 
Week 7 – 26th MarCounterclaims and set-offs, disposition without trialAssignment given out
Week 8 – 2nd AprilJoinder of parties, third party procedure, contribution between defendants 
 Mid Semester Break (Student Vacation) – 5th to 11th April 
Week 9 – 16th AprilDiscovery of documents, interrogatories, notices to admit 
Week 10 – 22rd AprilCourt control of interlocutory steps, case managementPre-seen case study test (20%)
Week 11 – 30th AprilSettlement negotiations, formal offers of compromise and Caldebank offers, setting down
for hearing, preparation for trial
Assignment due (20%)
Week 12 – 7th MayExpert evidence, briefing Counsel, conferences, court fees 
Week 13 – 15th MayTrial, costs, enforcement of judgments and orders 
Week 14 – 22nd MayAlternative dispute resolution, ethical issues in litigation 
Week 15 – 29th MayRevision 
Week 16 – 5th June Final test. Open book (40%)
Week 17 – 11th June Full time students – practical placement 
Week 18 – 18th JuneFull time students – practical placement 
   
 Weekly Schedule - Part time students 
Week beginningTopicsAssessment
Week 1 – 12th FebThe structure of the court system 
Week 2 – 19th FebThe place of procedure in the legal system, historical development of procedure 
Week 3 – 26th FebSources of procedure, steps before commencement of litigation 
Week 4 – 5th MarWrits and Complaints, service 
Week 5 – 12th MarLabour Day holiday. No class 
Week 6 – 19th MarAppearance, pleadingsShort answer, multiple choice test (20%)
Week 7 – 26th MarPleadings (continued), particulars, remedies for defective pleading, amendment of pleadingsAssignment given out
Week 8 – 2nd AprilCounterclaims and set-offs, disposition without trial 
 Mid Semester Break (Student Vacation) – 5th to 11th April 
Week 9 – 16th AprilJoinder of parties, third party procedure, contribution between defendants 
Week 10 – 22rd AprilDiscovery of documents, interrogatories, notices to admitPre-seen case study test (20%)
Week 11 – 30th AprilCourt control of interlocutory steps, case managementAssignment due (20%)
Week 12 – 7th MaySettlement negotiations, formal offers of compromise and Caldebank offers, setting down for
hearing, preparation for trial
 
Week 13 – 15th MayExpert evidence, briefing Counsel, conferences, court fees 
Week 14 – 22nd MayTrial, costs, enforcement of judgments and orders 
Week 15 – 29th MayAlternative dispute resolution, ethical issues in litigation 
Week 16 – 5th June Final test. Open book (40%)
Week 17 – 11th June Queen’s Birthday holiday. No class 
Week 18 – 18th JuneFeedback and review of assessment 

Overview of Learning Resources


Learning Resources

Prescribed Texts

There is no prescribed text for this course. Students will be required to be familiar, among other things, with relevant provisions of the Magistrates’ Court Civil Procedure Rules 2005 and the Supreme Court (General Civil Procedure) Rules 2005 both of which can be accessed at www.dms.dpc.vic.gov.au 


References

Hunter, Cameron & Henning , Litigation I Civil Procedure, LexisNexis Butterworths

Riethmuller, Civil Procedure, LBC nutshell

Sheen, Litigation, Resource Module VAD771/RM, Australian Training Products

Cairns, Australian Civil Procedure, LBC Information Services

Aronson, Hunter and Weinberg, Litigation – Evidence and Procedure, Butterworths

Williams, Civil Procedure, Victoria, Butterworths

Cook,The Annotated Rules of Court, Australian Law Books


Other Resources

Online Resources
Australian Legal Sites (acclaw.bf.rmit.edu.au/legal)

Australasian Legal Information Institute www.austlii.edu.au

CCH Online www.cch.com.au

ComLaw www.comlaw.gov.au

LexisNexis Butterworths Online www.butterworthsonline.com)

Victorian Legislation and Parliamentary Documents www.dms.dpc.vic.gov.au)

High Court of Australia www.hcourt.gov.au

Federal Court of Australia www.fedcourt.gov.au

Federal Magistrates Court www.fms.gov.au

Supreme Court of Victoria www.supremecourt.vic.gov.au

County Court of Victoria www.countycourt.vic.gov.au)

Magistrates’ Court of Victoria www.magistratescourt.vic.gov.au


Overview of Assessment

Assessment will consist of written tests and an assignment.


Assessment Tasks

Assessment that learning outcomes have been achieved will be by:

Short answer/multiple choice test (closed book) 20%
Pre-seen case study test 20%
Assignment 20%
Final test (open book) 40%
100%

Course Overview: Access Course Overview