- 6 points
|Semester 2||UWA (Perth)||Face to face|
- This unit examines the resolution of civil conflicts and disputes in Western Australia and Australia, including disputes between citizens and governments at their various levels. It focuses on the use of a litigation model of dispute resolution and the conduct of civil litigation in the Federal, Supreme, District and Magistrates Courts in their exercise of state and federal jurisdiction. Students gain a strong working knowledge of the jurisdiction and power of the various courts and a thorough understanding of the conduct of a civil litigation action, based upon an emphasis on the Rules of Court governing these courts. The unit considers 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 fast track lists; 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.
- 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) problem-based written assignments (two); (2) class participation; and (3) examination. Further information is available in the unit outline.
Supplementary assessment is not available in this unit.
- Unit Coordinator(s)
- Michael Douglas
- Unit rules
- LAWS4101 Foundations of Law and Lawyering, LAWS4103 Contract, LAWS4104 Property, LAWS4105 Dispute Resolution
LAWS5109 Dispute Resolution, LAWS4106 Torts, LAWS4107 Land Law, LAWS5103 Equity and Trusts, LAWS5104 Corporations Law, LAWS5105 Remedies, LAWS4108 Foundations of Public Law, LAWS5101 Constitutional Law, LAWS5102 Administrative Law and LAWS5106 Legal Theory and Ethics
LAWS4109 Legal Theory and Ethics
- 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.
- Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary reading', 'Recommended reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. Where texts are listed in the unit description above, an asterisk (*) indicates that the book is available in paperback.