Course Title: Civil Dispute Resolution

Part A: Course Overview

Course Title: Civil Dispute Resolution

Credit Points: 12.00


Course Coordinator: Dr Jonathan Kolieb

Course Coordinator Phone: -

Course Coordinator Email: jonathan.kolieb@rmit.edu.au

Course Coordinator Location: Building 13, Level 2

Course Coordinator Availability: By appointment


Pre-requisite Courses and Assumed Knowledge and Capabilities

Enforced Prerequisites:
054012 Becoming a Lawyer in a Globalised World
054017 Contract Law
054033 Torts Law


Course Description

In this course you will be introduced to the key procedural elements of litigation, within the broader context of the resolution of legal disputes in Australia.  Using the Supreme Court of Victoria Rules, you  will gain a thorough understanding of how a civil matter proceeds from initiation to resolution. This includes considerations such as the decision to launch court action, as opposed to alternative forms of dispute resolution, through the preliminary procedures to prepare a matter for trial, such as seeking discovery and injunctions.


Objectives/Learning Outcomes/Capability Development

-


Course Learning Outcomes

Upon successful completion of this course, you will:

CLO1: Critique the broad theoretical basis of civil dispute resolution, its social context, and the roles of institutions, actors and processes in civil justice;

CLO2: Discuss how the legal system seeks to promote access to justice and the related rights and obligations of participants who seek to resolve civil disputes;

CLO3: Identify the role of parties in litigation; and evaluate the range of available options to resolve civil disputes;

CLO4: Demonstrate understanding of how litigation and other dispute resolution mechanisms are initiated, the issues in dispute defined, and evidence managed;

CLO5: Apply how litigation and civil dispute resolution processes are finalised, including compromise and disposition without trial;

CLO6: Reflect on and assess personal capabilities and performance in a professional context, and make use of feedback as appropriate, to support personal and professional development;

CLO7: Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences, and collaborate effectively.

 


Overview of Learning Activities

To achieve the objectives this course requires you to participate in various learning activities. These activities comprise of lectures, tutorials, self-directed learning, participation through in-class and online activities, legal writing exercises, moot exercise, collaborating with peers on set tasks or projects, and a final examination.


Overview of Learning Resources

Various learning resources are available online through myRMIT Studies/Canvas. These include seminar slides, assessment details, links to relevant internet information, readings and communication tools to facilitate collaboration with your peers.

Resources are also available online through RMIT Library databases and other facilities. Visit the RMIT library website for further details. Assistance is available online via our chat and email services, face to face at our campus libraries or via the telephone on (03) 9925 2020.

Additional resources and/or sources to assist your learning will be identified by your course coordinator and will be made available to you as required during the teaching period.


Overview of Assessment

Assessment Task 1: 20%
Linked CLOs: 1 2, 4

Assessment Task 2: 30%
Linked CLOs: 2, 3, 6, 7

Assessment Task 3: 50%
Linked CLOs: 1, 2, 3, 4, 5