Hobart
Introduction
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 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 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.
Summary
| Unit name | Civil Procedure |
| Unit code | LAW355 |
| Credit points | 12.5 |
| College/School | Arts and Society Faculty of Law |
| Discipline | Law |
| Coordinator | Doctor Cleo Hansen-Lohrey |
| Available as an elective? | No |
| Delivered By | University of Tasmania |
| Level | Advanced |
Availability
Specific information on 2027 unit availability will be available in August
Key Dates
| Study Period | Start date | Census date | WW date | End date |
|---|---|---|---|---|
| Semester 2 | 4/7/2027 | 26/7/2027 | 29/8/2027 | 23/10/2027 |
* 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 (refer to How do I withdraw from a unit? for more information).
Unit census dates currently displaying for 2027 are indicative and subject to change. Finalised census dates for 2027 will be available from the 1st October 2026. Note census date cutoff is 11.59pm AEST (AEDT during October to March).
Learning Outcomes
- Contextualise the role of courts that deal with civil disputes.
- Demonstrate an understanding of civil litigation procedures and practice in the Supreme Court of Tasmania and other courts.
- Demonstrate an understanding of options for alternative dispute resolution, and the role of lawyers in pursuing and managing these.
- 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.
Fee Information
2027 fee information will be available in August.
Requisites
Prerequisites
50 credit points of Intermediate Law core, including successful completion of LAW262Mutual Exclusions
You cannot enrol in this unit as well as the following:
LAW451Teaching
| Teaching Pattern | Lecture: 2 hours weekly face-to-face Workshop: 2 hours fortnightly |
|---|---|
| Assessment | Assessment Task 3: Seminar engagement (10%)|Assessment Task 1: Case Report and presentation (20%)|Assessment Task 2: Memorandum of Advice (30%)|Assessment Task 4: Exam (40%) |
| Timetable | View the lecture timetable | View the full unit timetable |
Textbooks
| Required |
|
|---|---|
| Recommended | See the Unit Synopsis |
The University reserves the right to amend or remove courses and unit availabilities, as appropriate.