Unit Outline

At the conclusion of the unit, you will be able to conduct civil litigation in first instance matters in at least one State or Territory Court of general jurisdiction, in a timely and cost-effective manner. You will develop valuable advocacy and procedural skills, and demonstrate an ability to effectively communicate in a range of professional and legal settings. This unit is organised into six modules:

1. Familiarisation with the Supreme Court of Tasmania

2. Litigation Strategy

3. Conducting Civil Litigation

4. Applications in the Supreme Court and Federal Court of Australia (practice and advocacy)

5. Negotiation and Mediation

6. Trial Advocacy

There is also a sub-module on Tribunal Practice. During this unit, judges and legal practitioners will conduct workshops and issue exercises. You will appear in the Supreme Court and Federal Court of Australia to make applications, and submissions, and undertake other advocacy exercises. By way of introduction, you will receive instruction on a ‘simple’ litigation file. The file will run for three weeks and provide you with an overview of a civil litigation file. You will then be required to conduct a more complex personal injuries file, culminating in a dispute resolution process. Assessment of advocacy exercises will be formative with feedback provided by instructors and participating legal professionals. Assessment of written tasks will be summative as identified by the Unit Coordinator.

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	Evaluate the merits of a case and articulate appropriate dispute resolution alternatives, and associated costs.
2	Formulate required elements of a claim or defence in accordance with court rules and procedures, and recognise additional steps and evidence required.
3	Negotiate and enforce orders and settlement agreements.
4	Undertake actions relating to legal interviewing, advocacy, negotiation and dispute resolution, and communicate effectively in a range of professional contexts.
5	Act professionally and ethically in interactions with clients, the courts, the community and the broader legal profession.

Requisites


REQUISITE TYPE	REQUISITES
Pre-requisite	Admission into L6B - Graduate Diploma of Legal Practice

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: Trial Advocacy	Refer to Assessment Description	10 %	LO4, LO5
Assessment Task 2:	Assessment Task: Tribunal Practice – Workers Compensation and Industrial Relations	Refer to Assessment Description	20 %	LO2, LO3, LO4
Assessment Task 3:	Assessment Task: Advocacy Exercises	Refer to Assessment Description	30 %	LO2, LO4
Assessment Task 4:	Assessment Task: Overview and Litigation Files	Refer to Assessment Description	40 %	LO1, LO2, LO3, LO4

Assessment details

Assessment Task 1: Assessment Task: Trial Advocacy

Task Description:

Prior to the commencement of this task, you will participate in an intensive Advocacy workshop. Instruction and demonstration will be provided on key elements of trial advocacy related to the personal injury claim for damages associated with your civil litigation file in the Supreme Court, including examination in chief, cross-examination and other evidentiary principles.

This task involves a practical advocacy exercise based on the personal injury claim. You will be divided into groups to prepare for and attend Court to lead evidence from one witness and cross-examine another witness. You will also be required to act as the witness to be examined and cross-examined. Throughout the exercise you will need to “think on your feet” and assess the relevance of questions and issues you wish to pursue during the appearance.

Attendance and participation in the Trial Advocacy workshop and practical task are compulsory. Assessment is formative and will occur through feedback from participating members of the profession and judiciary.

Due Date: Weeks 22 to 24

Task Length:

Weeks 22-24

Due Date:

Refer to Assessment Description

Weight:

10 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Provide evidence of knowledge relating to effective advocacy and the advancement of client interests in a trial setting	LO4, LO5
2	Demonstrate ability to develop appropriate strategy and be adaptable in a court room setting	LO4, LO5

Assessment Task 2: Assessment Task: Tribunal Practice – Workers Compensation and Industrial Relations

Task Description:

There will be two tasks scenarios involved in this module.
As part of the first task, you will be provided with an overview of the Fair Work Act 2009 (Cth), employment standards and modern awards including termination of employment provisions and instructed in important jurisdictional and procedural aspects of the legislation. You will be required to participate in an in-class group-based Conciliation Conference exercise based on a factual scenario.

• Participation in the in-class exercise is compulsory
• Formative feedback will be provided by instructors.

Due Date: Weeks 19 to 22

After instruction on important jurisdictional and procedural aspects of the Workers Rehabilitation and Compensation Act 1988 (Tas) the second task involves the preparation of an “ex parte” application and relevant documentation involved in a disputed worker’s claim for compensation under the Act based on a factual scenario provided.

You will then be required to appear before before the President and/or Senior Members in the Tasmanian Civil and Administrative Tribunal (Personal Compensation Stream) and make oral submissions related to the application.

• Assessment of the written work will be summative.
• Assessment of oral submissions made in the Tribunal will be formative.
• Attendance at the Tribunal is compulsory.

Due Date: Weeks 19 to 22

Task Length:

Conducted during Week 19 and Week 22

Due Date:

Refer to Assessment Description

Weight:

20 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Demonstrate knowledge of the applicable statutory scheme	LO2
2	Identify appropriate procedures for initiating and responding to actions in a tribunal setting	LO2, LO4
3	Formulate submissions and effectively represent a client to establish the application of provisions under a relevant statutory scheme	LO3

Assessment Task 3: Assessment Task: Advocacy Exercises

Task Description:

Members of the judiciary and legal practitioners will provide a series of on-site training on important elements of applications filed in the Supreme Court of Tasmania and Federal Court of Australia. You will be divided into two groups and undertake six advocacy-based exercises. You will draft and file applications, pleadings, and other documents in accordance with the rules of the relevant Court. You will attend the Supreme Court and Federal Court and participate in a hearing of the application on behalf of a client. Some applications made by you will be “ex parte”, and some will be opposed either by you or other practitioners.

The exercises will be formulated to focus on important practice and procedure under the relevant rules or regulations including setting aside or applying for summary judgement, renewal and service of writs, service and relevant pre-trial procedures. Your documentation relating to any application will be submitted and filed with or provided to the appropriate court directly.

Attendance and participation in these advocacy tasks are required for your performance to be assessed formatively during appearances through feedback from legal professionals, including judicial officers.

Due date: Weeks 5 to 24

Task Length:

Tasks issued fortnightly between Weeks 3- 15

Due Date:

Refer to Assessment Description

Weight:

30 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Formulate court documentation in accordance with the rules of Court and free from significant error	LO2
2	Demonstrate ability to effectively represent a client in a legal forum with appropriate observance of court etiquette and procedure	LO4
3	Evidence of knowledge of the professional duties and obligations associated with conduct of civil litigation in a court of competent jurisdiction	LO4

Assessment Task 4: Assessment Task: Overview and Litigation Files

Task Description:

This task involves two parts: maintaining a ‘simple’ civil litigation file and then a more complex personal injuries litigation file. The first task will involve a claim for property damage for a motor vehicle accident in the Magistrates Court and will incorporate the basic elements of a (civil) Court action. The file is designed to give you an overview of the litigation process before commencing your more complex file.

Throughout the conduct of the file, you will be required to complete file-related tasks including:
• Drafting letters of advice to your client at appropriate stages;
• Undertaking appropriate file management procedures including accurate and complete file and accounting records;
• Drafting procedural documentation for filing and service and documents required for judgment and execution to finalise proceedings.

These tasks are hurdle tasks and require documentation to be submitted for review. Your file will be formatively assessed but participation in workshop-style exercises will be required to demonstrate competency in each activity.

The second task involves acting for a plaintiff in a Supreme Court personal injuries claim where you will create and maintain a more complex civil litigation file. Your instructors will “act” for the defendant and provide instructions as the client. The file will be conducted in sequence, from taking instructions to obtaining and enforcing judgment. The task will involve three main components: pre-trial, trial preparation, and mediation. These components will include hurdle tasks or activities reflecting various stages of litigation forming part of the overall assessment.

During this task you will be required to:
• draft letters and memoranda of advice to your client;
• undertake file management including complete and accurate file notes and accounting records;
• draft pleadings and other trial-related documentation including supporting evidence and submissions;
• prepare for and attend a Supreme Court mediation conference and present arguments addressing liability and quantum with the aim of negotiating favourable settlement for your client.

All written work undertaken as preparation for the mediation will be assessed summatively. Attendance at the mediation conferences is compulsory. Your performance in the mediation conference will be assessed formatively and feedback will be provided from participating legal practitioners.

The Personal Injuries Litigation file will primarily be formatively assessed and general feedback will be provided. However, several activities will be summatively assessed, and these will be identified for you by the unit instructors.

Periodically, your file will be audited by the unit instructors (and this will include the auditing of trust and office account records).

Due Date: Assessed throughout the Course

Task Length:

23 Weeks cumulative sequential progression mirroring procedural steps

Due Date:

Refer to Assessment Description

Weight:

40 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Evaluate the merit of the client’s case, and articulate options for progression and resolution	LO1
2	Prepare legal documentation for conduct of a simple and a complex civil claim in accordance with procedural requirements in a court setting	LO1, LO2, LO3, LO4
3	Formulate legal argument and articulate the client’s position in a variety of legal settings	LO1, LO3
4	Act in accordance with ethical requirements of a professional relationship in advocating the client’s interests	LO4
5	Manage client information and files to a level expected of an entry-level lawyer	LO1, LO3, 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.

Academic progress review

The results for this unit may be included in a review of your academic progress. For information about progress reviews and what they mean for all students, see Academic Progress Review in the Student Portal.

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.