Civil Procedure

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Abstract

This subject introduces students to the procedural rules governing civil litigation in NSW as exemplified in the rules of the superior courts. Students will critically examine the civil litigation workflow of courts including court adjudication under an adversarial system, the types of processes available to start a case, how they must be served, joinder of claims and parties, summary disposition, the transfer of matters between courts, time limits, pleadings and notices to admit, the duty to exchange information, as well as interlocutory orders. It also provides an introduction to alternative forms of dispute resolution practised in civil disputes.

Syllabus

Introduction to civil practice and procedure, including court adjudication under and adversary system, together with jurisdiction and guiding principlesThe cost of litigation and the use of costs to control litigationCivil practice in NSW, including dispute resolution and other pre-litigation requirements and case managementPre-trial practice and processes in NSW: Service of … For more content click the Read More button below.

Introduction to civil practice and procedure, including court adjudication under and adversary system, together with jurisdiction and guiding principles
The cost of litigation and the use of costs to control litigation
Civil practice in NSW, including dispute resolution and other pre-litigation requirements and case management
Pre-trial practice and processes in NSW: Service of originating process - as foundation of jurisdiction including service out of the relevant State and Territory, choice of forum and interim measures
Joinder of claims and parties including group proceedings and the defence of prior adjudication as instances of the public interest in avoiding a multiplicity of proceedings and inconsistent verdict
Drafting pleadings, court and other documents
Discovery, gathering evidence and privileged communications
Disposition without trial, including the compromise of litigation
Extra judicial determination of issues arising in the course of litigation
Defining the questions for trial: pleading, notices to admit, and other devices
Mediation and alternative dispute resolution
Judgement and appeals
Enforcement

Learning outcomes

Upon successful completion of this subject, students should:

be able to demonstrate an informed understanding of the rules, principles and standards of civil practice articulated in the Civil Procedure Act 2005 (NSW), the Uniform Civil Procedure Rules 2005, the NSW Court practice notices and identified case law;

be able to demonstrate an understanding of the legal principles governing pre-trial process and its relationship to issues of access to justice;

be able to critically analyse service process and interim measures including orders to preserve property, evidence or assets in general;

be able to critically analyse joinder of claims and parties and causes of action, including the objectives of the pleading system and the principal rules of pleadings;

be able to articulate the chronology of a civil dispute from the time it is referred to the lawyer until the matter is ready for trial, including demonstrating an understanding of the reasons for and content of pre-trial rules relating to discovery, inspection of documents and evidence gathering in general;

be able to critically analyse legal argument for compulsory disclosure of evidence that is relevant and otherwise admissible, including identifying the relevant doctrines;

be able to engage critically with the principles of civil procedure including identifying and solving problems within real world contexts;

be able to identify and analyse conflicts and ethical dilemmas that occur in pre-trial process and propose solutions by applying substantive law to procedural steps;

be able to present a clear and coherent exposition of the way civil procedure is regulated in Australia (particularly NSW), including demonstrating in depth knowledge of the abuse of civil procedural devices, especially costs and delay; and

10.

be able to demonstrate personal autonomy in the use of professional judgement relating to mediation and other alternative dispute mechanisms, including extra judicial determination of issues arising in the course of litigation

Enrolment restrictions

Bachelor of Laws and the Bachelor of Laws/Criminal Justice students only.

Pre-requisite

Learning activities

LAW217