UWA Handbook 2025

Unit Overview

Description

This unit examines the resolution of civil disputes in Western Australia and Australia, including disputes between citizens and governments. It focuses on the conduct of civil litigation in the Federal, Supreme, District and Magistrates Courts in their exercise of state and federal jurisdiction. Students should gain a working knowledge of the jurisdiction and power of the various courts. Students should also obtain a thorough understanding of the conduct of a civil litigation, with an emphasis on the rules of court governing the Supreme Court of Western Australia.

A key part of the Procedure unit is the development of practical skills. Students will be required to prepare and submit draft court documents each week for discussion during tutorials. Students will gain an understanding of when different court documents are necessary during the lifespan of a litigious matter, what purposes those documents serve, and what should be included in and excluded from documents filed with the court.

In terms of topics covered, this unit considers: alternatives to litigation; jurisdiction; identification and joinder of proper parties and causes of action; limitation of actions; commencement of proceedings; service of process; pleadings and particulars; discovery and other processes for gathering evidence; interlocutory applications; case flow management principles and programming; operation of specialist lists; disposal of an action without trial; procedures relating to lay, expert and documentary evidence; preparation and entry for trial; conduct of a trial; judgment; costs and interest; enforcement of judgments; and appeals.

Credit

6 points

Offering
(see Timetable)

Availability	Location	Mode
Semester 2	UWA (Perth)	Face to face

Outcomes

Students are able to (1) evaluate the purposes achieved by civil procedure; (2) analyse procedural problems, and related issues of substantive law, which arise in civil litigation in Australian courts; (3) apply legal research and writing skills to provide cogent advice on procedural issues; (4) evaluate strategic options for hypothetical clients involved in civil litigation; (5) create court documents for superior courts which comply with applicable procedural rules; and (6) create clear and persuasive pleadings for superior courts which comply with applicable procedural rules.

Assessment

Indicative assessments in this unit are as follows: (1) assignment; (2) examination; and (3) tutorial participation. Further information is available in the unit outline.

Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.

Unit Coordinator(s)

Ms Rebecca Faugno

Unit rules

Prerequisites

and LAWS4103 Contract
and LAWS4104 Property
and LAWS4106 Torts
and LAWS4107 Land Law
and LAWS5103 Equity and Trusts
and LAWS5104 Corporations Law
and LAWS5101 Constitutional Law Students enrolled in the Juris Doctor will also need to complete LAWS4101 Foundations of Law and Lawyering
and LAWS4110 Legal Interpretation
and LAWS5105 Remedies
and LAWS4108 Foundations of Public Law
and LAWS4105 Dispute Resolution
or LAWS5109 Advanced and Appellate Family Law Students enrolled in the MLP will also need to complete LAWS5102 Administrative Law