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LWZ317 - Civil Procedure

2023

Sector

Higher Education

Discipline

Law

Credit Points

Equivalent Units

Prerequisites

Must have passed 1 unit in (LWZ111, LWZ115) OR
Must have passed 2 units in (LWZ100A, LWZ100B) OR
Must have passed 1 unit in (LWZ001)

Incompatible

Assumed Knowledge

Unit Description

The procedure of the Local Court and Supreme Court in their civil jurisdiction regulates the manner in which litigation is conducted in the Northern Territory. An understanding of the interlocutory process is essential for any lawyer. This unit, which covers the Priestly 11 requirements in relation to civil procedure, examines the practice and procedure in the courts, with a particular emphasis on that of the Supreme Court.

Topics examined in this unit include:

Court adjudication under an adversary system.

The cost of litigation and the use of costs to control litigation.

Service of originating process - as foundation of jurisdiction, including service out of the relevant

State or Territory and choice of forum.

Joinder of claims and parties, including group proceedings and the defence of prior adjudication as instances of the public interest in avoiding a multiplicity of proceedings and inconsistent verdicts.

Defining the questions for trial - pleadings, notices to admit and other devices.

Obtaining evidence - discovery of documents, interrogatories, subpoena and other devices.

Disposition without trial, including the compromise of litigation.

Extra-judicial determination of issues arising in the course of litigation.

Judgement.

Appeal.

Enforcement

Text Book

Bookshop

Unit Learning Outcomes

1.	Identify, discuss and analyse the important themes and foundational concepts in civil procedure;
2.	Analyse and evaluate the structure and features of civil procedure such as pleadings, case management, costs rules and alternative dispute resolution (ADR)
3.	Critically evaluate civil procedure concepts and legal mechanisms by operation of relevant legislation and regulations, especially the Northern Territory Supreme Court Rules and (to a lesser extent) Federal Court Rules. This includes an understanding of the principles and legislation underpinning civil procedure, and engage the broader international, transnational and comparative context.
4.	Identify, discuss and critically analyse the major features, and principles of civil procedure, in Australia generally, and the Northern Territory in particular
5.	Apply legal problem solving skills, by using civil procedure principles and case law in providing advice on relevant issues and questions in hypothetical problem and actual
6.	Communicate in ways that are persuasive and effective for legal and non-legal audiences, in written and oral form, in the civil procedure context.

Assessment Overview

	Assessment Task	Value (of total mark)	Related Learning Outcome/s
1.	Research Assignment (2500 words)	60%	1,2,3,4,5,6
2.	Pleadings drafting assignment and associated short essay (2500 words total)	40%	1,4,5,6

Unit Availability

Year	Semester	Att Mode	Location	Learning Method	Timetable*
2023	Semester 2	Internal	CDU Waterfront Darwin	OLR
2023	Semester 2	External	External Studies	OLR

* Timetable will be displayed in new tab or window depending on your browser's configuration; ensure Pop-ups are allowed for this site to view the timetable.

OLR: Internet access is required for this unit as students are required to access study materials provided on-line through Learnline. Please log into Learnline on the first day of each teaching period. For more information about Learnline, please click here.

Critical Dates

Important Dates for Students

Fee Information:
Fees and Payments
Student Services and Amenities Fees
2023 Domestic Unit Fees (PDF)