Unit Information

Unit Information Template: Version 4.0 13/11/09

Administered: TLQG

Approved: Senior DVC

Next Review: November 2010

UNITCODE Unit Title LWZ317 Civil Procedure

Credit points: 10 Mode: Internal and External Assumed knowledge:

It will be assumed that students undertaking this unit have the underpinning knowledge from LWZ213 Property Law A

Location: External Studies Casuarina Campus

Pre-requisite(s): LWZ100A introduction to Legal Studies LWZ100B Legal Interpretation

Learning method:

OLR

Year: 2012 Semester:

2

Lecturer: Ken Parish Contact: Ken Parish

Unit coordinator: Ken Parish Phone: (08) 89466842; mob 0406 292 990

School: Law and Business Email: Ken.parish@cdu.edu.au

Unit Description

Welcome to LWZ317 Civil Procedure in semester 2. The procedure of the Local Court and Supreme Court in their civil jurisdiction regulates the manner in which litigation is conducted in the Territory. An understanding of the interlocutory process is essential for any lawyer. This unit, which is a compulsory unit within the law course, examines the practice and procedure in the courts, with a particular emphasis on that of the Supreme Court. Students are required to have completed LWZ100A and LWZ100B. This is also usually taken as a final or penultimate year subject so students are usually expected to have completed all level one units and several intermediate law units.

Learning Outcomes

On completion of this unit a student should be able to:

1. Analyse and compare the interlocutory process in the Supreme and Local Courts;

2. Demonstrate knowledge and understanding of the more common rules and protocols of court;

3. Identify and appraise the tools available in the litigation process to advance a client's cause;

4. Demonstrate a forensic ability to identify the real issues in a dispute and to apply the interlocutory process to effectively, completely, promptly and economically determine all issues; and

5. Carry out research into theoretical, conceptual or comparative civil procedure issues and communicate the outcome in a piece of legal writing.

2

Teaching and Learning Strategies

1. Instruction through lectures, tutorials and guided reading is provided. Preparation of written responses to tutorial questions and tutorial group activity provide major “learning through doing” mechanisms in relation to this outcome.

2. Fundamental concepts and principles are developed through problem scenarios and/or

tutorial/seminar questions. 3. Issues for legal principles and practice arising out of the unit content are typically developed through

tutorial discussions, small group presentations and assignment work. 4. The critical evaluation and applications of unit content is developed through exercises where students

must develop and demonstration well argued solutions and/or strategies for dealing hypothetical scenarios.

5. Specific tutorial questions throughout the entire unit develop, test and reinforce students’ knowledge

of fundamental rules and protocols relating to civil procedure

Participation

To complete this unit you are required to participate in the following:

- weekly lecture/seminar - simulcast for both internal and external students (approximately 1.5 - 2 hours);

- weekly tutorials (1- 1.5 hr) : Internal or Online.

Private study commitments

Students should regard the study of this Unit as the equivalent of 25% of a full time professional work load. To adequately master the topic, in addition to the lectures and tutorials, there is a need to devote a minimum of a further seven-eight (7-8) hours per week to the study and review of this Unit.

Learning approaches

The practice and/or application of the Law require a high level of legal knowledge, problem solving skills and written and oral communication skills.

In this unit students are required to consolidate knowledge gained through private study and lectures, and apply it to problem style factual scenarios in tutorial discussion and written assessment.

Learnline

Learnline is Charles Darwin University’s on-line learning system. In this unit, Learnline is the only location for your learning materials. Learnline will be used to:

- provide important announcements regarding your unit;

- provide audio recordings of lecturers;

- distribute lecturer notes, study materials and other resources;

- provide a communication point where you contribute to discussions as part of your assessment, or just interact with fellow students.

3

You will need to connect to the Internet to access it, at http://learnline.cdu.edu.au/

Specific details of individual class times can be obtained by accessing the class timetable at: http://eagle.ntu.edu.au/ntu/apps/syllabus.nsf/studenttt?OpenForm

Overview of Assessment

Item Description/Focus Value Relates to learning outcomes

1. Tutorial attendance/participation 10% All learning outcomes

2. Essay assignment (topic(s) to be provided on Learnline by semester week 2)

20% All learning outcomes

3. Pleading Exercise (statement of claim, defence etc) 20% All learning outcomes

4. Open book final exam (2 hours during invigilated final exam period)

50% All learning outcomes

Formative assessment is provided primarily through participation in tutorials, the preparation of answers to tutorial questions and feedback on these provided in tutorials

Required textbook(s)

Prescribed Text Cairns, Australian Civil Procedure, 8th Edition (2009) Prescribed Legislation Supreme Court Act (NT), the Supreme Court Rules (NT) and the Local Court Rules (NT) Further Reading Williams, N., Civil Procedure in Victoria, Looseleaf and online service. The study materials for this unit are incomplete without a copy of the set text/s. This text is available from the CDU Bookshop and can be ordered through their website at www.cdu.edu.au/bookshop or over the phone. The CDU Bookshop accepts all major credit cards.

e-Reserve

e-Reserve allows electronic copies of journal articles, book chapters and lecturer notes that have been recommended by a lecturer as part of their course reading requirements. You can access e-Reserve at http://www.cdu.edu.au/library/ereserve/index.html. This site is password protected. Your CDU student login will provide you access. You can then search for items by Lecturer, Unit Code, Title, Author, keyword, Year or Date if you have that information.

4

Learning Schedule

Duration / Module

Topics Required readings etc

Assessments Due

Weeks 1 - 12

Study Guide 1: The role of the Courts in the dispute resolution process

Devolution of powers to the Judges of the Supreme Court of the Northern Territory

Study Guide 2: Commencement of Proceedings - Originating Process, Service, Appearance, & Limitations of Actions

Study Guide 3: Parties

Study Guide 4: Pleadings / Particulars

Study Guide 5: Discovery, Affidavits, Interrogatories, Privilege

Study Guide 6: Setting Down, Case Flow, Trail, Subpoenas

Study Guide 7: Judgment and Enforcement

Study Guide 8: Summary Judgment, Default Judgment

Study Guide 9: Appeals

Study Guide 10: Costs

Study Guide 11: The Cross-vesting Scheme

Week 13 Revision week

Week 14-15 Centrally organised examination period

Assessment task details

Assessment Item 1

Description/Focus: Tutorial participation/attendance

5

Value: 10 %

Due date: NA

Length: NA

Task:

Students will be marked on attendance/participation at a tutorial each week. Actual participation will be required to gain a mark, not just silent attendance. A non-functional microphone will result in no attendance mark after week 2.

Assessment Item 2

Description/Focus: Essay assignment

Value: 20 %

Due date: COB Sunday 9 September.

Length: 2000-2500 words

Task: Researched and footnoted essay on topic(s) to be released on Learnline by week 2.

Preparation: Individual research and preparation.

Presentation: See above.

Assessment criteria:

As per assessment rubric distributed early in the semester.

Assessment Item 3

Description/Focus: Pleading exercise

Value: 20 %

Due date: COB Sunday 30 September.

Length: Not really applicable

Task: Students will draft a Supreme Court or Local Court statement of claim and defence. The pleadings will in most cases be based on a hypothetical fact/problem situation.

Preparation: Via informal study group of 3-4 students

Presentation: See above

Assessment criteria:

Pleadings will be assessed in accordance with the principles of pleading and the relevant Court Rules.

Assessment Item 4

Description/Focus: Final exam

6

Value: 50%

Due date: During invigilated final exam period at end of semester

Length: NA

Task: Problem and essay questions

Preparation: Exam revision as per usual invigilated final exam

Presentation: In answer books provided as per usual final exam

Assessment criteria:

As per assessment rubric distributed early in the semester.

Please download Assignment Cover Sheet here:

http://www.cdu.edu.au/library/access/AssignmentSubmission.html

Please download Assignment Cover Sheet here:

http://www.cdu.edu.au/library/access/AssignmentSubmission.html

CDU Graduate attributes CDU graduate attributes refer to those skills, qualities and understandings that should be acquired by students during their time at the University regardless of their discipline of study. (See http://www.cdu.edu.au/teachingandlearning/gradattributes.html). In this unit, the following graduate attributes are developed: : <delete graduate attributes that are not included in this unit of study or edit as required>

Attribute Description Learning outcomes

Acquisition Can identify, retrieve, evaluate and use relevant information and current technologies to advance learning and execute work tasks.

1 - 5

Application

Is an efficient and innovative project planner and problem solver, capable of applying logical and critical thinking to problems across a range of disciplinary settings and has self-management skills that contribute to personal satisfaction and growth.

1 - 5

Creativity Can conceive of imaginative and innovative responses to future orientated challenges and research.

1 - 5

Knowledge base Has an understanding of the broad theoretical and technical concepts related to their discipline area, with relevant connections to industry, professional, and regional and indigenous knowledge.

1 - 5

Communication Demonstrates oral, written, and effective listening skills as well as numerical, technical and graphic communication skills in a cross generational environment.

2, 4 - 5

Team work

Has a capacity for and understanding of collaboration and co-operation within agreed frameworks, including the demands of inter-generational tolerance, mutual respect for others, conflict resolution and the negotiation of productive outcomes.

-

Social responsibiity

Is able to apply equity values, and has a sense of social responsibility, sustainability, and sensitivity to other peoples, cultures and the environment.

-

7

Flexibility Can function effectively and constructively in an inter-cultural or global environment and in a variety of complex situations.

3 & 4

Leadership Can exercise initiative and responsibility, taking action and engaging others to make a positive difference for the common good.

-