LAWS5115 Procedure

Credit
6 points
Offering
(see Timetable)

If this unit does not have an online alternative, then students who are presently unable to enter Western Australia and whose studies would be delayed by an inability to complete this unit, should contact the unit coordinator (details given on this page) to ascertain, on an individual case-by-case basis, if alternate arrangements can be made to support their study in this unit.

AvailabilityLocationMode
Semester 2UWA (Perth)Face to face Predominantly face-to-face. On campus attendance required to complete this unit. May have accompanying resources online.
Content
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.
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 and (2) examination. Further information is available in the unit outline.

Supplementary assessment is not available in this unit.
Unit Coordinator(s)
Michael Douglas
Unit rules
Prerequisites:
LAWS4101 Foundations of Law and Lawyering, LAWS4103 Contract, LAWS4104 Property, LAWS4105 Dispute Resolution or 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 or 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.
  • Unit readings, including any essential textbooks, are listed in the unit outline for each unit, one week prior the commencement of study. The unit outline will be available via the LMS and the UWA Handbook one week prior the commencement of study. Reading lists and essential textbooks are subject to change each semester. Information on essential textbooks will also be made available on the Essential Textbooks. This website is updated regularly in the lead up to semester so content may change. It is recommended that students purchase essential textbooks for convenience due to the frequency with which they will be required during the unit. A limited number of textbooks will be made available from the Library in print and will also be made available online wherever possible. Essential textbooks can be purchased from the commercial vendors to secure the best deal. The Student Guild can provide assistance on where to purchase books if required. Books can be purchased second hand at the Guild Secondhand bookshop (second floor, Guild Village), which is located on campus.