- 6 points
|Semester 2||UWA (Perth)||Face to face|
- This unit examines the resolution of civil conflicts and disputes in Western Australia and Australia, including disputes between citizens and governments at their various levels. It focuses on the use of a litigation model of dispute resolution and the conduct of civil litigation in the Federal, Supreme, District and Magistrates Courts in their exercise of state and federal jurisdiction. Students gain a strong working knowledge of the jurisdiction and power of the various courts and a thorough understanding of the conduct of a civil litigation action, based upon an emphasis on the Rules of Court governing these courts. The unit considers alternatives to litigation; choice of jurisdiction; identification and joinder of proper parties and causes of action; commencement of proceedings in the appropriate jurisdiction and service of process; pleadings, discovery, interrogatories and other interlocutory proceedings; case-flow management principles; operation of the fast track lists; disposal of an action without trial; preparation and entry for trial; conduct of the trial, judgement, costs, enforcement of judgements and appeals to Full Court of the Federal Court of Australia, Supreme Court of Western Australia and the High Court of Australia.
- Students are able to (1) demonstrate an understanding of the (a) means by which civil disputes might be resolved; (b) procedure for initiating and responding to litigated claims; (c) procedure for taking and responding to interlocutory proceedings; (d) process of gathering and presenting evidence; (e) negotiation of settlements; (f) enforcement of orders and settlement agreements; (g) appeals process; and (h) the differences in procedural mechanisms between Australian jurisdictions; (2) demonstrate an appreciation for proposed procedural reforms; (3) demonstrate an appreciation and understanding of (a) ethical and professional obligations; (b) how to approach ethical decision making; (c) the exercise of professional judgement; (d) ethical issues likely to arise in the legal practice and the exercise of professional judgement law; and (e) the professional responsibilities of lawyers in promoting justice and in service to the community; (4) (a) critically analyse a complex legal problem and identify the relevant cause(s) of action and draft court documents; (b) critically analyse a complex legal problem and apply legal knowledge in identifying the most appropriate cause of action and remedy to resolve the problem; and (c) apply cognitive and creative skills in generating procedural solutions for resolving complex legal problems; (5) demonstrate an ability to undertake complex legal research of primary and secondary sources across a broad range of legal areas; and (6) (a) communicate effectively, appropriately and persuasively in the drafting of court documents; and (b) write clear, concise and accurate letters of advice to clients.
- Typically this unit is assessed in the following ways: (1) problem-based written assignments (two); (2) class participation; and (3) examination. Further information is available in the unit outline.
Supplementary assessment is not available in this unit.
- Unit Coordinator(s)
- Dr Marilyn Bromberg
- Unit rules
- LAWS4101 Foundations of Law and Lawyering, LAWS4103 Contract, LAWS4104 Property, LAWS4105 Dispute Resolution
LAWS5109 Dispute Resolution, LAWS4106 Torts, LAWS4107 Land Law, LAWS5103 Equity and Trusts, LAWS5104 Corporations Law, LAWS5105 Remedies, LAWS4108 Foundations of Public Law, LAWS5101 Constitutional Law, LAWS5102 Administrative Law and LAWS5106 Legal Theory and Ethics
LAWS4109 Legal Theory and Ethics
- The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
- All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
- Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary reading', 'Recommended reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. Where texts are listed in the unit description above, an asterisk (*) indicates that the book is available in paperback.