Course Title: Assist with civil procedure

Part B: Course Detail

Teaching Period: Term2 2012

Course Code: JUST5202C

Course Title: Assist with civil procedure

School: 650T TAFE Business

Campus: City Campus

Program: C5292 - Diploma of Legal Services

Course Contact : Robyn Lang

Course Contact Phone: +61 3 9925-1565

Course Contact Email:robyn.lang@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Judy Dredge

email judith.dredge@rmit.edu.au

Nominal Hours: 60

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

None

Course Description

This unit describes the performance outcomes, skills and knowledge required to assist in civil procedure and litigation. A range of legislation, rules, regulations and codes of practice may apply to this unit at the time of endorsement, depending on job roles and jurisdictions.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

BSBLEG514A Assist with civil procedure

Element:

1. Identify laws and structures related to civil procedure

Performance Criteria:

1. Identify laws and structures related to civil procedure. 1.1. Identify jurisdictional limits of federal, state and territory courts and tribunals in relation to dispute resolution.
1.2. Source legislation, regulations and policies relevant to civil procedure.
1.3. Identify the roles of court personnel.
 

Element:

2. Assess matter in dispute

Performance Criteria:

2.1. Liaise with designated individual about the matter in dispute.
2.2. Prepare relevant costing documents.
2.3. Identify and consider options to litigation

 

Element:

3. Prepare and assist in litigation proceedings

Performance Criteria:

3.1. Determine the steps prior to litigation
3.2. Obtain and prepare relevant documentation for designated person according to organisation’s policies and procedures
 

Element:

4. Assist with interlocutory process

Performance Criteria:

4.1. Identify the purpose of discovery and associated legal obligations.
4.2. Undertake administrative tasks associated with discovery process.
 


Learning Outcomes



Details of Learning Activities

At the completion of this course you should be able to:

1. Identify the sources of civil procedure.
2. Understand the options to litigation.
3. Understand the steps in litigation.
4. Understand the purpose of the interlocutory process.

LEARNING ACTIVITIES

A variety of teaching methods will be used including; lectures, class, discussion, case studies, problem-solving and audio-visual presentations. All materials are on line.


Teaching Schedule


Workshop Date Content


1 12 July • Introduction
• Legislation, regulations and policies
Court personnel
Complete tutorials, questions and activities
 

2 9 August • Options to litigation
• Steps prior to litigation
• Relevant documentation
Complete tutorials, questions and practical activities


3 13 September • Relevant documentation procedures
• Discovery
• Legal obligations and administrative tasks
Complete practice questions


4 11 October Test (Open Book but no electronic devices permitted) 2 hours
 


Learning Resources

Prescribed Texts

There is no prescribed textbook for this course.


References


Other Resources

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

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

Cairns, Australian Civil Procedure, LBC Information Services

Bamford,Principles of Civil Litigation Lawbook Co 2010

Colbran et als Civil Procedure ;Commentery and Materials LexisNexis 2009

Williams, Civil Procedure, Victoria, Butterworths

Cook, The Annotated Rules of Court, Australian Law Books
 


Overview of Assessment

Assessment may incorporate a variety of methods including in-class exercises, problem-solving exercises, assignments, group or individual projects, presentations and written or practical tests, as well as homework activities.

Other activities may be workplace-based or simulate work practices. These may include the production of technical requirements documents, direct observation of workplace practices and the presentation of a portfolio of evidence. This portfolio may include documents, photographs, video and/or audio files.

Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant competency standards are being met. Students will be provided with feedback throughout the course to check their progress.
 


Assessment Tasks

Assessment Tasks

1. Task 1 Assignment
2. Task 2 Preparation of documents
3. Final Test (open Book)

You are required to complete 3 tasks. You must successfully complete all 3 tasks to be deemed competent in this unit.

 Final Grades

 CHD Competent with High Distinction
CDI Competent with Distinction
CC Competent with Credit
CAG Competency Achieved – Graded
NYC Not Yet Competent
DNS Did Not Submit for assessment


Marking Guide (competency):

You need to demonstrate you are competent in each element of the unit of competency you are studying.

You will receive feedback on each assessment task that will inform you whether you are competent or not and how well you are performing. Once competent in all elements of the unit you receive a competency grading.

Please refer to the Final Grades table below.

Marking Guide (Grading)

After achieving competency we then grade your performance in the unit; this gives you the opportunity to have the level of your performance formally recognized against industry standards and employability skills.

The grading is according to the following criteria:

1. LEVEL OF INDEPENDENCE, INITIATIVE, ENTERPRISE AND PERFORMANCE OF WORK TASK

We are looking for a high level of ability to complete all tasks independently as per the specifications as well as demonstrating a high level of initiative in your approach to identify the laws and structures related to civil procedure.

2. DEMONSTRATED BREADTH OF UNDERPINNING KNOWLEDGE AND A WILLINGNESS TO CONTINUE LEARNING

We are looking for depth of understanding of the key concepts and knowledge required in identifying options for litigation. You should be able to demonstrate a thorough understanding of all applicable civil litigation requirements in all the assessment tasks.

3. TECHNIQUES & PROCESSES, TECHNOLOGY SKILLS AND PROBLEM SOLVING

We are looking for appropriate use of technology to assist in presenting all tasks clearly and suitable for the intended audience.

4. WORK ORGANISATION, PLANNING AND SELF MANAGEMENT

We expect to see timely submission of all required assessment tasks. Students must also ensure that they evaluate their own performance and identify areas for improvement and that this is demonstrated throughout the semester.

5. COMMUNICATION, PEOPLE NETWORKING, LANGUAGE AND INTERPERSONAL SKILLS AND TEAMWORK

We expect to see contributions to relevant discussions. In addition your tasks should demonstrate a very good understanding of legal terminology.Final Grades table:


Assessment Matrix

At the completion of this course you should be able to:

 

1. Identify the sources of civil procedure.
2. Understand the options to litigation.
3. Understand the steps in litigation.
4. Understand the purpose of the interlocutory process.

Course Overview: Access Course Overview