UWA Handbook 2023

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 in

20820 Juris Doctor
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

and LAWS5106 Legal Theory and Ethics
or LAWS4110 Interpretation
or LAWS4109 Legal Theory and Ethics

)

Co-requisites

LAWS5102 Administrative Law