Studying online
There are now 3 possible online modes for units:
Units with modes Online timetabled and Online flexible are available for any student to self-enrol and study online.
Units available in Online Restricted mode have been adapted for online study only for those students who require the unit to complete their studies and who are unable to attend campus owing to exceptional circumstances beyond their control. To be enrolled in a unit in Online Restricted mode, students should contact their Student Advising Office through askUWA
Click on an offering mode for more details.
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 each court.
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; choice of jurisdiction; identification and joinder of proper parties and causes of action; commencement of proceedings; 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 a trial, judgment, costs, enforcement of judgments; and appeals to Full Court of the Federal Court of Australia, the Court of Appeal of the Supreme Court of Western Australia, and the High Court of Australia.
- 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)
- Clare McKay and Clara Wren
- Unit rules
- Prerequisites
Enrolment in20820 Juris Doctorand LAWS5106 Legal Theory and Ethics
and LAWS4101 Foundations of Law and Lawyering
, LAWS4103 Contract
, LAWS4104 Property
, LAWS4106 Torts
, LAWS4107 Land Law
, LAWS5103 Equity and Trusts
, LAWS5104 Corporations Law
, LAWS5105 Remedies
, LAWS4108 Foundations of Public Law
, LAWS5101 Constitutional Law and ( LAWS4105 Dispute Resolution
or LAWS5109 Dispute Resolution
or LAWS4110 Interpretation
or LAWS4109 Legal Theory and Ethics- Co-requisites
- LAWS5102 Administrative Law
- 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.
Face to face
Predominantly face-to-face. On campus attendance required to complete this unit. May have accompanying resources online.
Online flexible
100% Online Unit. NO campus face-to-face attendance is required to complete this unit. All study requirements are online only. Unit is asynchronous delivery, with NO requirement for students to participate online at specific times.
Online timetabled
100% Online Unit. NO campus face-to-face attendance is required to complete this unit. All study requirements are online only. Unit includes some synchronous components, with a requirement for students to participate online at specific times.
Online Restricted
Not available for self-enrolment. Students access this mode by contacting their student office through AskUWA. 100% Online Unit.
NO campus face-to-face attendance. All study and assessment requirements are online only. Unit includes some timetabled activities, with a requirement for students to participate online at specific times. In exceptional cases (noted in the Handbook) students may be required to participate in face-to-face laboratory classes when a return to UWA’s Crawley campus becomes possible in order to be awarded a final grade.
External
No attendance or regular contact is required, and all study requirements are completed either via correspondence and/or online submission.
Off-campus
Regular attendance is not required, but student attends the institution face to face on an agreed schedule for purposes of supervision and/or instruction.
Multi-mode
Multiple modes of delivery. Unit includes a mix of online and on-campus study requirements. On campus attendance for some activities is required to complete this unit.