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Unit Overview


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.

6 points
(see Timetable)
Semester 2UWA (Perth)Face to face

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.


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)
Clara Wren
Unit rules
Successful completion of
LAWS4101 Foundations of Law and Lawyering
and LAWS4103 Contract
and LAWS4104 Property
and LAWS4106 Torts
and LAWS4107 Land Law
and LAWS5103 Equity and Trusts
and LAWS5104 Corporations Law
and LAWS5105 Remedies
and LAWS4108 Foundations of Public Law
and LAWS5101 Constitutional Law
and LAWS5106 Legal Theory and Ethics
and LAWS4105 Dispute Resolution
or LAWS5109 Dispute Resolution
  • 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.