Studying online

There are now 2 possible online modes for units:

Units with modes Online timetabled and Online flexible are available for any student to self-enrol and study online.

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Unit Overview

Description

This unit is taken over two semesters in the same calendar year and parts 1 and 2 must be completed to fulfil the requirements of the unit. It examines the procedure and practice relating to the conduct of civil litigation in Federal Courts, Supreme Courts, District Courts and Magistrates Courts from the investigation of a claim and commencement of proceedings to appeal (in the exercise of Federal and State jurisdiction), with emphasis on the Rules of the Supreme Court of Western Australia. The unit involves a consideration of 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 Crime and Misconduct Commission (CMC) list; 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.

Credit
6 points
Outcomes

In general, students obtain (1) a comprehensive understanding of the litigation process as a method of dispute resolution; (2) an understanding of the importance of a strategic approach to litigation; and (3) an ability to recognise and properly utilise the procedures (Rules of the Court) relevant to the various stages of the litigation process.

Assessment

Students demonstrate achievement of the outcomes in a variety of assessment methods which may include regular written exercises, oral exercises and presentations and a final examination. Further assessment information is provided in the unit outline.



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

Unit Coordinator(s)
Associate Professor John Fiocco
Unit rules
Prerequisites
LAWS1130 Legal Process, LAWS1101 Contract I, LAWS1102 Contract II, LAWS1107 Torts I, LAWS1108 Torts II, LAWS2204 Property I, LAWS2205 Property II
and LAWS2202 Equity
Contact hours
lectures: 1 hour per week
tutorials: 1 hour per week
  • 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.
  • Contact hours provide an indication of the type and extent of in-class activities this unit may contain. The total amount of student work (including contact hours, assessment time, and self-study) will approximate 150 hours per 6 credit points.