Course Title: Civil Procedure
Part B: Course Detail
Teaching Period: Term1 2008
Course Code: LAW5047
Course Title: Civil Procedure
School: 650T TAFE Business
Campus: City Campus
Program: 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 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.
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
Full Time Students | ||
Week Beginning (subject to variation) | Topics | Assessment |
Week 1 – 11th Feb | The structure of the court system | |
Week 2 – 18th Feb | The place of procedure in the legal system, historical development of procedure | |
Week 3 – 25th Feb | Sources of procedure, steps before commencement of litigation | |
Week 4 – 3rd Mar | Writs and Complaints, service | |
Week 5 – 10th Mar | Appearance, pleadings | Short answer, multiple choice test (20%) |
Week 6 – 17th Mar | Pleadings (continued), particulars, remedies for defective pleading, amendment of pleadings | |
Mid Semester Break (Student Vacation) – 20th to 26th March | ||
Week 7 – 31st Mar | Counterclaims and set-offs, disposition without trial | Assignment given out |
Week 8 – 7th April | Joinder of parties, third party procedure, contribution between defendants | |
Week 9 – 14th April | Discovery of documents, interrogatories, notices to admit | |
Week 10 – 21st April | Court control of interlocutory steps, case management | Pre-seen case study test (20%) |
Week 11 – 28th April | Settlement negotiations, formal offers of compromise and Caldebank offers, setting down for hearing, preparation for trial | Assignment due (20%) |
Week 12 – 5th May | Expert evidence, briefing Counsel, conferences, court fees | |
Week 13 – 12th May | Trial, costs, enforcement of judgments and orders | |
Week 14 – 19th May | Alternative dispute resolution, ethical issues in litigation | |
Week 15 – 26th May | Revision | |
Week 16 – 2nd June | Final test. Open book (40%) | |
Week 17 – 9th June | Practical placement | |
Week 18 – 16th June | Practical placement | |
Part Time Students | ||
Week Beginning (subject to variation) | Topics | Assessment |
Week 1 – 11th Feb | The structure of the court system | |
Week 2 – 18th Feb | The place of procedure in the legal system, historical development of procedure | |
Week 3 – 25th Feb | Sources of procedure, steps before commencement of litigation | |
Week 4 – 3rd Mar | Writs and Complaints, service | |
Week 5 – 10th Mar | Labour Day holiday. No class. | |
Week 6 – 17th Mar | Appearance, pleadings | Short answer, multiple choice test (20%) |
Mid Semester Break (Student Vacation) – 20th to 26th March | ||
Week 7 – 31st Mar | Pleadings (continued), particulars, remedies for defective pleading, amendment of pleadings | |
Week 8 – 7th April | Counterclaims and set-offs, disposition without trial | Assignment given out |
Week 9 – 14th April | Joinder of parties, third party procedure, contribution between defendants | |
Week 10 – 21st April | Discovery of documents, interrogatories, notices to admit | |
Week 11 – 28th April | Court control of interlocutory steps, case management | Pre-seen case study test (20%) |
Week 12 – 5th May | Settlement negotiations, formal offers of compromise and Caldebank offers, setting down for hearing, preparation for trial | Assignment due (20%) |
Week 13 – 12th May | Expert evidence, briefing Counsel, conferences, court fees | |
Week 14 – 19th May | Trial, costs, enforcement of judgments and orders | |
Week 15 – 26th May | Alternative dispute resolution, ethical issues in litigation | |
Week 16 – 2nd June | Final test. Open book (40%) | |
Week 17 – 9th June | Queen’s Birthday holiday. No class. | |
Week 18 – 16th June | Student feedback and review of assessment. |
Learning Resources
Prescribed Texts
There is no prescribed text for this course. Students will be required to be familiar with, among other things, 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 series |
|
Sheen, Litigation, Resource Module VAD771/RM, Australian Training Products |
|
Cairns, Australian Civil Procedure, LBC Information Services |
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Aronson, Hunter and Weinberg, Litigation – Evidence and Procedure, Butterworths |
|
Williams, Civil Procedure, Victoria, Butterworths |
Other Resources
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
Short answer/multiple choice test (closed book) 20%
Pre-seen case study test 20%
Assignment 20%
Final test (open book) 40%
To pass this course students must satisfactorily complete all assessment and have a total mark of not less than 50%.
Assessment Matrix
Learning outcome | Written Test 1 | Written Test 2 | Assignment | Written Test 3 |
Analyse, outline and assess the structure and purpose of the court system as it presently operates within Victoria | X | |||
Assess the sources of procedural rules and practices in the Supreme Court | X | |||
Analyse the steps prior to litigation and the commencement of litigation | X | |||
Assess the nature, function and form of pleadings, particulars and third party procedures | X | X | ||
Analyse interlocutory procedures in defended actions | X | X | ||
Analyse and evaluate the process of preparation for trial, the enforcement of judgments or orders and costs | X | |||
Evaluate and analyse non-litigious avenues of dispute resolution | X |
Course Overview: Access Course Overview