Unit Outline

This Unit will examine how civil disputes and litigation are commenced, managed and finalised. The primary content focus will be the rules and practices of civil procedure in the Supreme Court of Tasmania, as well as the Federal Court Rules. Some comparison with other Australian and international jurisdictions will be considered. This Unit satisfies the prescribed admission requirement that the law degree include knowledge and application of rules concerning jurisdiction, initiation and service of process, definition of issues, judgment and enforcement. These and other rules and civil procedures are considered in the broader policy context. The transformative influence of reforms that actively promote early information sharing, active case management by courts, out of court dispute resolution processes and settlement will be explored.

Overarching themes include: access to justice, the tension between adversarial and non-adversarial approaches, and the role of the lawyer in modern civil litigation practice. You will obtain and apply knowledge of the different paths that litigated matters may take, the ways that lawyers and courts can manage the pre-trial process, and develop an appreciation for the influence of pre-trial processes on both settlement and trials. You will be expected to take a critical view of civil procedures (both traditional and new). Consideration of dispute resolution is necessary to equip you to understand the way that courts operate in the modern context, where increasing emphasis is placed on informal, confidential, settlement-oriented processes. This understanding is relevant to all law students, whether or not you intend to practise law.

This Unit will draw together your knowledge and skills obtained in other units. The Unit will also develop your self-management, client communication, and collaboration skills.

Intended Learning Outcomes

As per the Assessment and Results Policy 1.3, your results will reflect your achievement against specified learning outcomes.

On completion of this unit, you will be able to:


1	Contextualise the role of courts that deal with civil disputes.
2	Demonstrate an understanding of civil litigation procedures and practice in the Supreme Court of Tasmania and other courts.
3	Demonstrate an understanding of options for alternative dispute resolution, and the role of lawyers in pursuing and managing these.
4	Write clearly and persuasively to clients and other stakeholders about the application of civil procedures and dispute resolution processes in response to factual scenarios, as well as undertake concise legal drafting.

Requisites


REQUISITE TYPE	REQUISITES
Pre-requisite	50 credit points of Intermediate Law core, including successful completion of LAW262
Anti-requisite (mutual excl)	LAW451

Alterations as a result of student feedback

How will I be Assessed?

For more detailed assessment information please see MyLO.

Assessment schedule


ASSESSMENT TASK #	ASSESSMENT TASK NAME	DATE DUE	WEIGHT	LINKS TO INTENDED LEARNING OUTCOMES
Assessment Task 1:	Assessment Task 2: Memorandum of advice	Week 9	30 %	LO1, LO2, LO3, LO4
Assessment Task 2:	Assessment Task 3: Workshop preparation and engagement	Refer to Assessment Description	10 %	LO1, LO2, LO3, LO4
Assessment Task 3:	Assessment Task 1: Case report and presentation	Refer to Assessment Description	20 %	LO1, LO2, LO3, LO4
Assessment Task 4:	Assessment Task 4: Exam	Exam Period	40 %	LO1, LO2, LO3, LO4

Assessment details

Assessment Task 1: Assessment Task 2: Memorandum of advice

Task Description:

Students will be required to prepare a memorandum of advice (MOA) in response to a hypothetical problem scenario. The specific tasks that students will need to address in the MOA will be released on MyLO.

Full AGLC4 referencing must be used.

Task Length:

1,500 words maximum, including references (standard penalties for late submission and word limits apply).

Due Date:

Week 9

Weight:

30 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Accurately identifies and demonstrates understanding of civil procedures.	LO1, LO2, LO3, LO4
2	Selects and engages critically and effectively with relevant sources of law.	LO1, LO2, LO3, LO4
3	Constructs a clear, logical and persuasive argument.	LO1, LO2, LO3, LO4
4	Achieve a high standard of written expression and accurate referencing.	LO4

Assessment Task 2: Assessment Task 3: Workshop preparation and engagement

Task Description:

Students must submit workshop papers in weeks 2, 4, 6, 10 & 12. These papers must respond to the workshop tasks set out on MyLO in the week before each of the listed workshops.

All workshop papers must be submitted by 1pm on the Wednesday of the workshop week to the AT3 MyLO dropbox. This will ensure that all students are in a position to contribute actively and meaningfully to workshop discussions.

Students can receive up to 10 marks for AT3, which will be assessed across the semester based on a combination of:

> Submission of workshop papers before the deadline. A mark will be given for each workshop a student has both attended and submitted a workshop paper for; and
> Active engagement in workshops (to be assessed by the workshop leader across the semester qualitatively and quantitatively).

Students do not need to submit a workshop paper for the round in which they are presenting their Case Report (AT1).

Workshop papers will be reviewed but not assessed, and feedback will not be provided. This is because students will be led through the workshop paper in the workshop itself and will have opportunities to check their answers and ask questions.

Short-form references is acceptable.

Task Length:

Between 500 – 1000 words per workshop paper.

Due Date:

Refer to Assessment Description

Weight:

10 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Accurately identifies and demonstrates understanding of civil procedures	LO1, LO2, LO3, LO4
2	Selects and engages critically and effectively with relevant sources of law	LO1, LO2, LO3, LO4
3	Engages in respectful and informed discussions and debates with other students	LO1, LO2, LO3

Assessment Task 3: Assessment Task 1: Case report and presentation

Task Description:

Students will be allocated into partners from within their workshop groups. The partner groups will be required to work together to prepare a case summary report for submission in their allocated workshop week (students will be allocated a week at the beginning of the Unit through MyLO). A template for the Case Report will be provided.

The partner groups will then present their Case Report in their workshops for the round allocated. The oral presentation should be approximately 10 minutes in length.

Task Length:

1 x A4 page, using the Case Report template + approx. 10 minute presentation

Due Date:

Refer to Assessment Description

Weight:

20 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Concisely and accurately summarises case law.	LO1, LO2, LO3, LO4
2	Engages critically and effectively with relevant sources of law.	LO1, LO2, LO3, LO4
3	Communicate complex legal principles clearly, both orally and in writing.	LO4

Assessment Task 4: Assessment Task 4: Exam

Task Description:

The exam will be an online, 2-hour exam. Exam papers must be submitted to the MyLO dropbox ‘AT4 Online Exam’ using the TurnItIn software. Further details about this assessment task will be released on MyLO during semester.

Task Length:

2 hours

Due Date:

Exam Period

Weight:

40 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Accurately identifies and demonstrates understanding of civil procedures.	LO1, LO2, LO3, LO4
2	Selects and engages critically and effectively with relevant sources of law.	LO1, LO2, LO3, LO4
3	Constructs a clear, logical and compelling argument and/or advice to the client.	LO1, LO2, LO3, LO4
4	Achieve a high standard of written expression and accurate referencing	LO4

How your final result is determined

To pass this unit, you need to demonstrate your attainment of each of the Intended Learning Outcomes, achieve a final unit grade of 50% or greater, and pass any hurdle tasks.

Submission of assignments

Where practicable, assignments should be submitted to an assignment submission folder in MYLO. You must submit assignments by the due date or receive a penalty (unless an extension of time has been approved by the Unit Coordinator). Students submitting any assignment in hard copy, or because of a practicum finalisation, must attach a student cover sheet and signed declaration for the submission to be accepted for marking.

Academic integrity

Academic integrity is about acting responsibly, honestly, ethically, and collegially when using, producing, and communicating information with other students and staff members.

In written work, you must correctly reference the work of others to maintain academic integrity. To find out the referencing style for this unit, see the assessment information in the MyLO site, or contact your teaching staff. For more detail about Academic Integrity, see Important Guidelines & Support.

Requests for extensions

If you are unable to submit an assessment task by the due date, you should apply for an extension.

A request for an extension should first be discussed with your Unit Coordinator or teaching support team where possible. A request for an extension must be submitted by the assessment due date, except where you can provide evidence it was not possible to do so. Typically, an application for an extension will be supported by documentary evidence: however, where it is not possible for you to provide evidence please contact your Unit Coordinator.

The Unit Coordinator must notify you of the outcome of an extension request within 3 working days of receiving the request.

Late penalties

Assignments submitted after the deadline will receive a late penalty of 5% of the original available mark for each calendar day (or part day) that the assignment is late. Late submissions will not be accepted more than 10 calendar days after the due date, or after assignments have been returned to other students on a scheduled date, whichever occurs first. Further information on Late Penalties can be found on the Assessments and Results Procedure.

Review of results and appeals

You are entitled to ask for a review of the marking and grading of your assessment task if there is an irregularity in the marking standards or an error in the process for determining the outcome of an assessment. Details on how to request a review of a mark for an assignment are outlined in the Review and Appeal of Academic Decisions Procedure.