Studying online (if an online offering is shown below)
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.
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 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
- 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.
- Visit the Essential Textbooks website to see if any textbooks are required for this Unit. The website is updated regularly so content may change. Students are recommended to purchase Essential Textbooks, but a limited number of copies of all Essential Textbooks are held in the Library in print, and as an ebook where possible. Recommended readings for the unit can be accessed in Unit Readings directly through the Learning Management System (LMS).
- 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.
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.