Course Title: Civil Procedure

Part B: Course Detail

Teaching Period: Term1 2011

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)TopicsAssessment
 Week 1 – 7 FebThe structure of the court system 
 Week 2 – 14 FebThe place of procedure in the legal system, historical development of procedure 
 Week 3 – 21 FebSources of procedure, steps before commencement of litigation 
 Week 4 – 28 FebWrits and Complaints, service 
 Week 5 – 7 MarAppearance, pleadings 
 Week 6 – 14 MarPleadings (continued), particulars, remedies for defective pleading, amendment of pleadings 
 Week 7 – 21 MarCounterclaims and set-offs, disposition without trialShort answer, multiple choice test (30%)
Week 8 – 28 MarJoinder of parties, third party procedure, contribution between defendants Assignment given out
  Week 9 – 4 AprDiscovery of documents, interrogatories, notices to admit 
 Week 10 – 11 Apr Court control of interlocutory steps, case management 
 Week 11 - 18 AprMid semester Break (Student Vacation) - 21 to 27 April 
 Week 11 – 25 AprilSettlement negotiations, formal offers of compromise and Caldebank offers, setting down for hearing, preparation for trial 
 Week 12 – 2 MayExpert evidence, briefing Counsel, conferences, court feesAssignment due (30%)
 Week 13 – 9 MayTrial, costs, enforcement of judgments and orders 
 Week 14 – 16 MayAlternative dispute resolution, ethical issues in litigation 
 Week 15 – 23 MayRevision 
 Week 16 – 30 May Final test. Open book (40%)
Week 17 – 6 JunePractical placement 
Week 18 – 13 JunePractical placement 
   
 Part Time Students  
Week Beginning (subject to variation) Topics Assessment
 Week 1 – 7 FebThe structure of the court system 
 Week 2 – 14 FebThe place of procedure in the legal system, historical development of procedure 
 Week 3 – 21 FebSources of procedure, steps before commencement of litigation 
 Week 4 – 28 FebWrits and Complaints, service 
 Week 5 – 7 MarAppearance, pleadings 
 Week 6 – 14 MarLabour Day holiday. No class. 
 Week 7 – 21 MarPleadings (continued), particulars, remedies for defective pleading, amendment of pleadingsShort answer, multiple choice test (30%)
Week 8  - 28 MarCounterclaims and set-offs, disposition without trialAssignment given out
 Week 9 - 4 AprJoinder of parties, third party procedure, contribution between defendants 
 Week 10 – 11 Apr Discovery of documents, interrogatories, notices to admit 
 Week 11 - 18 AprMid semester Break (Student Vacation) - 21 to 27 April 
 Week 11 – 25 AprCourt control of interlocutory steps, case management 
 Week 12 – 2 MaySettlement negotiations, formal offers of compromise and Caldebank offers, setting down for hearing, preparation for trialAssignment due (20%)
 Week 13 – 9 MayExpert evidence, briefing Counsel, conferences, court fees 
 Week 14 – 16 MayTrial, costs, enforcement of judgments and orders 
 Week 15 – 23 MayAlternative dispute resolution, ethical issues in litigation 
 Week 16 – 30 May Final test. Open book (40%)
 Week 17 –  6 JuneStudent 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 2009 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

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.legislation.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) 30%
Assignment 30%
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 outcomeWritten Test 1AssignmentWritten Test 2
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 XX 
Assess the nature, function and form of pleadings, particulars and third party procedures XX
Analyse interlocutory procedures in defended actionsX 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