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 beginning Topics Assessment
Week 1 – 12th Feb The structure of the court system  
Week 2 – 19th Feb The place of procedure in the legal system, historical development of procedure  
Week 3 – 26th Feb Sources of procedure, steps before commencement of litigation  
Week 4 – 55h Mar Writs and Complaints, service  
Week 5 – 12th Mar Appearance, pleadings Short answer, multiple choice test (20%)
Week 6 – 19th Mar Pleadings (continued), particulars, remedies for defective pleading, amendment of pleadings  
Week 7 – 26th Mar Counterclaims and set-offs, disposition without trial Assignment given out
Week 8 – 2nd April Joinder of parties, third party procedure, contribution between defendants  
  Mid Semester Break (Student Vacation) – 5th to 11th April  
Week 9 – 16th April Discovery of documents, interrogatories, notices to admit  
Week 10 – 22rd April Court control of interlocutory steps, case management Pre-seen case study test (20%)
Week 11 – 30th April Settlement negotiations, formal offers of compromise and Caldebank offers, setting down
for hearing, preparation for trial
Assignment due (20%)
Week 12 – 7th May Expert evidence, briefing Counsel, conferences, court fees  
Week 13 – 15th May Trial, costs, enforcement of judgments and orders  
Week 14 – 22nd May Alternative dispute resolution, ethical issues in litigation  
Week 15 – 29th May Revision  
Week 16 – 5th June   Final test. Open book (40%)
Week 17 – 11th June Full time students – practical placement  
Week 18 – 18th June Full time students – practical placement  
     
  Weekly Schedule - Part time students  
Week beginning Topics Assessment
Week 1 – 12th Feb The structure of the court system  
Week 2 – 19th Feb The place of procedure in the legal system, historical development of procedure  
Week 3 – 26th Feb Sources of procedure, steps before commencement of litigation  
Week 4 – 5th Mar Writs and Complaints, service  
Week 5 – 12th Mar Labour Day holiday. No class  
Week 6 – 19th Mar Appearance, pleadings Short answer, multiple choice test (20%)
Week 7 – 26th Mar Pleadings (continued), particulars, remedies for defective pleading, amendment of pleadings Assignment given out
Week 8 – 2nd April Counterclaims and set-offs, disposition without trial  
  Mid Semester Break (Student Vacation) – 5th to 11th April  
Week 9 – 16th April Joinder of parties, third party procedure, contribution between defendants  
Week 10 – 22rd April Discovery of documents, interrogatories, notices to admit Pre-seen case study test (20%)
Week 11 – 30th April Court control of interlocutory steps, case management Assignment due (20%)
Week 12 – 7th May Settlement negotiations, formal offers of compromise and Caldebank offers, setting down for
hearing, preparation for trial
 
Week 13 – 15th May Expert evidence, briefing Counsel, conferences, court fees  
Week 14 – 22nd May Trial, costs, enforcement of judgments and orders  
Week 15 – 29th May Alternative 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 June Feedback 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