Course Title: Analyse and apply civil procedure
Part B: Course Detail
Teaching Period: Term1 2020
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: Callie Harvey
Course Contact Phone: +61 3 9925 5772
Course Contact Email: callie.harvey@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
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:
7.2 Evaluate and discuss arbitration, as an alternative avenue of dispute resolution, with reference to:
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
Note that this schedule is subject to variation.
Course Schedule: LAW5721 Analyse and Apply Civil Procedure, Semester 1, 2020 | ||
Week |
Topics |
Assessment |
|
Week 1 February 10 |
Structure and purpose of civil courts in Victoria (Element 1) |
Test 1: Topics scheduled in Weeks 1-5 |
|
Week 2 February 17 |
Procedural rules and practice in the Supreme Court (Element 2) |
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Week 3 February 24 |
Before commencing legal proceedings (Element 3) |
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Week 4 March 2 |
Commencement and conduct of legal proceedings in the Supreme Court and County Court (Element 3)) |
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Week 5 March 9 |
Pleadings and particulars in the Supreme Court and County Court (Element 4 & 5.1)) |
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Week 6 March 16 |
Rules and procedures in the Magistrates Court (3.3-3.6, 4, 5.5–5.7, 7.1, 7.2) |
Magistrates Court Assignment distributed. Conducting proceedings in the Magistrates Court. Due in Week 11. |
|
Week 7 March 23 |
Revision for Test 1: Topics scheduled in Weeks 1-5. |
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Week 8 March 30 |
Test 1: In-class open book assessment (Elements 1-4, 5.1) |
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Week 9 April 6 |
Commencing and responding to proceedings in the Magistrates Court (3.3-3.6, 4, 5.5–5.7, 7.1, 7.2) |
Magistrates Court Assignment. Due in Week 11. |
Mid-Semester Break | ||
|
Week 10 April 20 |
Case management–court power to make directions. Procedures for obtaining information in preparation for trial –Discovery and inspection of documents, Interrogatories, and Notices to admit (Elements 5.2-5.3, 5.6-5.7) |
Test 2: Topics scheduled in Weeks 10-13
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Week 11 April 27 |
Summary judgements, notices to admit, and settlement procedures Preparing for trial (Elements 5.1, 5.4 & 5.6-5.7 & 6.1) |
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Week 12 May 4 |
Enforcement of judgements or orders Cost considerations in litigation (Elements 6.2 & 6.3) |
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Week 13 May 11 |
Alternatives to litigation – mediation and arbitration (Element 7) |
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Week 14 May 18 |
Test 1 - re-sits |
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Week 15 May 25 |
Test 2: In-class open book test Topics scheduled in Weeks 10-13 (Elements 5-7) |
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Week 16 June 1 |
Re-submissions |
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Week 17 June 8 |
Grade Entry |
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
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
Due: Week 8
For this Assessment Task you are required to demonstrate your knowledge of all the topics covered in from weeks 1 to 5 by answering a series of multiple choice and short answer questions in an in-class test.
This assessment will take place during your normal scheduled class time.
Assessment Task 2: Assignment
Due: Week 11
For this assessment task you are required to required to prepare a writ and statement of claim for a County Court action based on a hypothetical scenario. You will be required to demonstrate a knowledge of the form and content of a writ, the technique of pleading and the use of particulars.
Assessment Task 3: Open Book in Class Assessment
Due: Week 15
For this Assessment Task you are required to demonstrate your skills and knowledge of all the topics covered in weeks 9 to 13 by providing solutions to problems based on hypothetical scenarios. This assessment will be an in-class open book assessment task.
This assessment will take place during your normal scheduled class time.
You must successfully complete all assessment tasks to be deemed competent.
Assessment Matrix
The assessment matrix that maps all the assessment is available on CANVAS.
Other Information
Submission Requirements
- 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 a footer with your name, student number, the title of the assessment, unit code and title and page numbers.
Resubmissions (VET Programs)
If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a Course Assessment Task 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.
Penalties for Late Submission
Late submissions of assignments without special consideration or extension will automatically be considered a re-submission (see above).
Extensions, Special Consideration and Adjustment to Assessments
Extensions:
Extensions are available for unforeseen circumstances of a short-term nature.
An application form must be submitted to the school at least one working day before the due date of the assessment.
Extensions can be approved for a maximum of one week (seven calendar days) past the due date for an assessment. (Where students need an extension exceeding one week they must instead apply for special consideration.)
Special consideration:
Special consideration is available for unexpected circumstances outside students’ control. These include but are not limited to: unexpected short-term ill health, and unavoidable family, work, cultural or religious commitments.
An application for special consideration is made in advance of an assessment wherever possible but will normally be accepted within five working days after the assessment date
For more information, see the Special Consideration page of the RMIT website.
Adjustments to Assessment:
RMIT provides several adjustments to assessment for students experiencing ongoing or long-term circumstances. Find the right one for your circumstances here.
Changes to the Assessment Scheme
Where a change to assessment approved by the dean/head of school changes an assessment due date, students will be given at least five working days’ notice of the new due date.
Feedback
You can expect to receive marks and feedback on in-course assessment work in time to improve your performance in related assessment tasks later in the course.
Academic Integrity and Misconduct
Students demonstrate academic integrity in their assessment practices by:
- engaging with assessment activities in an honest way;
- providing accountability for the authorship and originality of work submitted;
- acknowledging the work of others and the re-use of original work.
Academic misconduct is addressed in accordance with the Student conduct policy
Assessment involving research with human participants, their information or their tissue, or animal subjects is carried out in accordance with the Staff ethics and integrity policy.
For further information see the Academic Integrity website.
Review and Appeal
A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment Processes.
Grade Criteria
You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.
The following grades are available for this course.
CA - Competency Achieved
NYC - Not Yet Competent
DNS - Did Not Submit for assessment
Course Overview: Access Course Overview