Course Title: Analyse and apply civil procedure

Part B: Course Detail

Teaching Period: Term1 2018

Course Code: LAW5721

Course Title: Analyse and apply civil procedure

School: 650T Vocational Business Education

Campus: City Campus

Program: C6141 - Advanced Diploma of Legal Practice

Course Contact: Robert Sheen

Course Contact Phone: +61 3 9925 5759

Course Contact Email: robert.sheen@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

 

Annmaree Bowey

annmaree.bowey@rmit.edu.au

 

 

Nominal Hours: 50

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 skills and knowledge required to employ legal principles in the area of litigation and civil procedures including the civil jurisdiction, structure, procedure and operation of the courts in Victoria, in order to support the work of a legal office, practice or associated context.

This unit supports the work of personnel engaged in the operation of a legal office or associated fields within public and/or corporate sectors. A practitioner would typically provide specialised knowledge of contract law principles across a range of social, domestic and commercial contexts.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU21640 Analyse and apply civil procedure

Element:

1. Analyse the structure and purpose of the Victorian civil courts system

Performance Criteria:

1.1 Outline the jurisdictional limits of the Victorian Supreme Court, County Court and Magistrates' Court 1.2 Identify and describe the role and jurisdiction of the Federal Court 1.3 Examine the role of administrative tribunals in relation to dispute resolution 1.4 Outline the roles of court personnel

Element:

2. Identify and assess sources of procedural rules and practices in the Supreme Court of Victoria

Performance Criteria:

2.1 Research and describe the nature and functions of court rules with reference to judicial interpretation of rules and the court's inherent power to control procedure and practice directions 2.2 Identify the circumstances in which no rules apply and describe the action/s to be followed in these circumstances 2.3 Examine the power of the court to prevent abuse of its processes

Element:

3. Analyse and apply the steps prior to litigation and the commencement of litigation

Performance Criteria:

3.1 Identify the steps prior to litigation and analyse for application 3.2 Determine the commencement of a Supreme and County Court action 3.3 Determine the requirements of a Magistrates' Court complaint 3.4 Outline the method of issue of a writ and complaint 3.5 Describe the means by which an originating process may be served and analyse for application 3.6 Determine, and analyse for application, the requirements of notice of appearance (Supreme and County Courts) and notice of defence (Magistrates' Court), including: conditional appearance' interlocutory and final judgments in default of appearance, and judgment in default in the Magistrates' Court

Element:

4. Assess the nature, function and form of pleadings, particulars and third party procedures

Performance Criteria:

4.1 Identify the course of pleadings 4.2 Describe the content, form and requirements of a pleading 4.3 Outline the methods of answering an opponent's pleading 4.4 Analyse the procedures relating to counterclaims, as compared with set-offs 4.5 Examine the nature and purpose of particulars 4.6 Identify the procedures relating to the joinder of third and subsequent parties, and claims for indemnity or contribution between parties, and analyse for application

Element:

5. Analyse and apply interlocutory procedures in defended actions

Performance Criteria:

5.1 Examine the circumstances in which summary judgment is available under Order 22 of the Supreme Court Rules and determine the applicable procedures 5.2 Outline and apply the process of discovery of documents 5.3 Examine and apply the nature and purpose of interrogatories 5.4 Outline the uses and effect of notices to admit and analyse for application 5.5 Outline the settlement procedures and analyse for application 5.6 Research and discuss the role of judges, masters and magistrates in the pre-trial stages of litigation 5.7 Determine and describe the methods of fixing a date for hearing in the Victorian Supreme Court, County Court and Magistrates' Court

Element:

6. Analyse and apply the processes of preparation for trial, the enforcement of judgments or orders, and costs

Performance Criteria:

6.1 Identify and apply the process of preparation for trial 6.2 Evaluate the process of enforcement of judgments or orders and analyse for application 6.3 Determine the costs considerations in relation to litigation

Element:

7. Analyse and apply non-litigious avenues of dispute resolution

Performance Criteria:

7.1 Evaluate and discuss mediation, as an alternative avenue of dispute resolution, with reference to: • the nature of the process of mediation • the roles of the parties • the legal status of outcomes • pre-issue mediation in the Magistrates' Court 7.2 Evaluate and discuss arbitration, as an alternative avenue of dispute resolution, with reference to: • the nature of the process of arbitration • the roles of the parties • the legal status of the outcomes 7.3 Analyse the operations of alternative avenues of dispute resolution and corollary advantages and disadvantages, including collaborative law, and debate to improve practice

Learning Outcomes


    


Details of Learning Activities

A range of learning activities are planned for this course including self-paced and collaborative classroom-based activities.

The self-paced activities will be delivered through various technology platforms and may include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.

The collaborative classroom-based activities will include group discussions, group problem-solving activities and opportunities to practice your skills in a simulated/real workplace environment. We expect you to participate and contribute in all scheduled learning activities.


Teaching Schedule

Induction Session

Prior to training commencement a program level induction session will be conducted that comprises the following:

  • Program overview and requirements
  • MyRMIT/Canvas
  • Overview of assessment requirements
  • Pre-Training Review including:
    • Recognition of Prior Learning and Credit Transfers
    • Assessment of current skills and knowledge
  • Competency/Grading Criteria
  • Plagiarism
  • Appeals
  • Extensions
  • Feedback
  • Privacy
  • Submission requirements
  • Resubmission policy
  • Where to get support
  • Student responsibilities 

The weekly teaching schedule for this course is located in the attached file named "Civil Procedure Course Information_Sem 1 2018". (Please note that this schedule is subject to change).

 

Weekly Schedule

Analyse and apply civil procedure (LAW 5193)

 Class

Week commencing

Topic

Element

Assessment

 

1.                   

5/02/18

Structure and purpose of civil courts in Victoria

1

Test 1: 
In-class open book test in Week 8

 

2.                    

12/02/18

Procedural rules and practice in the Supreme Court

2

 

3.                    

19/02/18

Before commencing legal proceedings

3

 

4.                    

26/02/18

Commencement and conduct of legal proceedings in the Supreme Court and County Court

3

 

5.                    

5/03/18

Pleadings and particulars in the Supreme Court and County Court

4
5.1

 

Assignment: Conducting proceedings in the Magistrates Court handed out. 20% of final grade

1.1 
3.3–3.6 4.2–4.4 5.5–5.7 7.1, 7.2

Magistrates Court Assignment. Due in Week 11

 

6.                    

12/03/18

Rules and procedures in the Magistrates Court

(preparation for the assignment)

 

7.                   

19/03/18

Self-paced learning–preparation for Test 1 
No need to attend class or work on campus.

1–4

5.1

 

 

8.                    

26/03/18

Test 1: In-class open book test. 30% of final grade

1–4

5.1

 

 

 

29/03/19

Easter public holidays – no class

 

 

 

9.                   

9/04/18

Procedures for obtaining information–Discovery and inspection of documents, Interrogatories, and Notices to admit

5.1–5.4

Test 2: 
In-class open book test in Week 14

 

10.                

16/04/18

Case management–court power to make directions

Offers of compromise

5.5

5.6

 

11.                

25/04/18

Preparing for trial

Assessment Task 1: Magistrates Court Assignment. Due 29/04/18

5.7

6.1

 

12.                

30/04/18

Enforcement of judgements or orders

Cost considerations in litigation

6.2

6.3

 

13.                

7/05/18

Alternatives to litigation – mediation and arbitration

7

 

14.                

14/05/18

Test 2: In-class open book test

50% of final grade

5–7

 

 

15.                

21/05/18

No class

 

 

 

16.                

28/05/18

Resits

 

 

 

 

 

The nominal hours associated with this are a guide only and represent the total teaching time and student effort required to successfully complete this course.  This may include not only scheduled classes but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.


Learning Resources

Prescribed Texts


References

Cairns, Australian Civil Procedure, Thomson Reuters


Other Resources

Relevant Legislation and other legislative instruments, various articles, learning tools and reference materials available on canvas.


Overview of Assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

In order to demonstrate competency in this unit, you must provide evidence of:

• knowledge of the application of: form of pleadings, particulars and third party procedures
• correctly following procedures of a civil litigation from commencement to non-litigious dispute resolution
• analysis of the structure, procedures and operation of the court systems in Victoria
• knowledge of litigation and civil procedure, including civil jurisdiction, structure, procedure and operation of the civil courts system in Victoria
• knowledge of alternative avenues of dispute resolution including collaborative law
• knowledge of preparation process for trial and the enforcement of judgments or orders and costs
• knowledge of interlocutory procedures in defended actions
 

Context for assessment

Assessment must ensure:

• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification

You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.


Feedback

Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.

You should take note of all feedback received and use this information to improve your learning effectiveness and final performance in the course.

Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.


Assessment Tasks

Assessment Task 1 - Open Book in class Assessment

For this Assessment Task you are required to demonstrate your knowledge of all the topics covered in from weeks 1 – 5 by answering a series of  multiple choice and short answer questions as part of class open book assessment task. The questions will require you to identify and apply relevant legislation, court rules, practice notes, and/or judges interpretation of them to a range of hypothetical situations (case studies).

This assessment will take place during your normal scheduled class time.

Assessment Task 2 - Assignment 

For this assessment task you are required to required to work on prescribed tasks as part of simulated client file and answer short answer questions based on application of court rules.

Assessment Task 3 - Open Book Assessment

For this Assessment Task you are required to demonstrate your skills and  knowledge  of all the topics covered in weeks 9 - 13 by answering three hypothetical scenarios. This assessments will be an in class open book assessment task. All questions will require you to identify and apply relevant legislation, court rules, practice notes, and/or judges interpretation of them to a range of hypothetical situations (case studies).

This assessment will take place during your normal scheduled class time.


Assessment Matrix

The assessment matrix that maps all the assessment is available on CANVAS.

Other Information

 

Submission Requirements

 

You should:

  • Ensure that you submit assessments on or before the due date. 
  • Always retain a copy of your assessment tasks. (hard copy and soft copy)
  • When you submit work for assessment at RMIT University you need to use the Assessment task document that includes a declaration and statement of authorship.
  • Each page of your assessment should include footer with your name, student number, the title of the assessment, unit code and title and page numbers.

Late Submission Procedures

You are required to submit assessment items and/or ensure performance based assessment is completed by the due dates.

If you are prevented from submitting an assessment item on time, by circumstances outside your control, you may apply in advance to your teacher for an extension to the due date of up to seven calendar days.

More Information:  https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/extensions-of-time-for-submission-of-assessable-work

Where an extension of greater than seven days is needed, you must apply for Special Consideration.  Applications for special consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination.

More Information:https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/special-consideration

Resubmissions (VET Programs):

If you are found to be unsuccessful in a particular Course Assessment Task (or you do not submit/attend) you will be allowed one resubmission.  Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. 

If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.

Grading & re-submissions

Successful re-submissions will contribute a CAG only (Competency Achieved Grading) result to your overall grade for the course.

Adjustments to Assessment

In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which the assessment arrangements might be granted please access the following website:

https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/adjustments-to-assessment

 

Marking Guide (Competency):

 

You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.

 

You will receive feedback on each assessment task that will inform you about your progress and how well you are performing.

 

 

Marking Guide (Grading)

 

After achieving competency we then grade your performance in the unit and you will achieve one of the following grades:

 

Final Grades table:

 

 

CHD

Competent with High Distinction

 

 

CDI

Competent with Distinction

 

 

CC

Competent with Credit

 

 

CAG

Competency Achieved – Graded

 

 

CA

Competency Achieved – Not Graded

 

 

NYC

Not Yet Competent

 

 

DNS

Did Not Submit for assessment

 
       

 

 

Further information regarding the application of the grading criteria will be provided by your teacher.

 

 

Course Overview: Access Course Overview