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 |
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Riethmuller, Civil Procedure, LBC nutshell |
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Sheen, Litigation, Resource Module VAD771/RM, Australian Training Products |
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Cairns, Australian Civil Procedure, LBC Information Services |
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Aronson, Hunter and Weinberg, Litigation – Evidence and Procedure, Butterworths |
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Williams, Civil Procedure, Victoria, Butterworths |
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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