Compulsory core unit for students in new Law degrees, who commenced in 2013 or later, with course codes: 63I, 63J, 63K, 63L, 63M, 63N, 63O 63P. Also degrees commencing 2014 63Q and 63R.
This Unit is part of the revised curriculum in the law degree. The criminal procedure component of old unit LAW423 is included in Criminal Law B & Criminal Procedure. This Unit contains the necessary content about civil procedure as prescribed by the Law Admissions Consultative Committee, Uniform Admissions Rules Schedule 1 Prescribed Areas of Knowledge ("Priestley 11") and also includes education about dispute resolution in connection with the formal civil justice system. It also advances students' achievement of the Threshold Learning Outcomes for Law (TLOs), in particular, TLO5(b) "collaborate effectively".
This Unit will examine how civil litigation is commenced, managed and finalised. The primary content focus will be the rules and practices of civil procedure in the Supreme Court of Tasmania and the Federal Court of Australia. The international context is explored through comparison with other jurisdictions. 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, judgement and enforcement (the “Civil Dispute Resolution” topic area). These and other rules and civil procedures are considered in the broader policy context. The transformative influence of recent governmental policies and reforms that actively promote early information sharing, active case management by courts, out of court dispute resolution processes and settlement will be detailed.
Overarching themes include: access to justice, transparency, the tension between adversarial and non-adversarial approaches, and the evolution of the role of the lawyer in modern civil litigation practice. Students 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 the trial process. Students will be expected to take a critical view of civil procedures (both traditional and new). Consideration of dispute resolution is necessary to equip students 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 they intend to practise law.
|Unit name||Civil Procedure|
|Faculty/School||College of Arts, Law and Education
Faculty of Law
Dr Olivia Rundle
|Available as student elective?||No|
|Location||Study period||Attendance options||Available to|
- International students
- Domestic students
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Units are offered in attending mode unless otherwise indicated (that is attendance is required at the campus identified). A unit identified as offered by distance, that is there is no requirement for attendance, is identified with a nominal enrolment campus. A unit offered to both attending students and by distance from the same campus is identified as having both modes of study.
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|Study Period||Start date||Census date||WW date||End date|
* The Final WW Date is the final date from which you can withdraw from the unit without academic penalty, however you will still incur a financial liability (see withdrawal dates explained for more information).
Unit census dates currently displaying for 2020 are indicative and subject to change. Finalised census dates for 2020 will be available from the 1st October 2020.
|Band||CSP Student Contribution||Full Fee Paying (domestic)||Field of Education|
|3||2020: $1,394.00||2020: $1,729.00||090900|
Fees for next year will be published in October. The fees above only apply for the year shown.
Please note: international students should refer to this page to get an indicative course cost.
LAW305 OR LAW250 AND LAW354 AND LAW352 AND LAW353 AND LAW351 OR LAW306 AND LAW324 AND LAW323 AND LAW307.
You cannot enrol in this unit as well as the following:
2 hours of lectures per week, online learning activities on MyLO (at least 1 hour per week) and regular 2 hour seminars (7 formal seminars in total).
|Timetable||View the lecture timetable | View the full unit timetable|
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