Courses & Units

Civil Procedure LAW355

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. 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, transparency, 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 the trial process. 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	College of Arts, Law and Education Faculty of Law
Discipline	Law
Coordinator	Ms Cleo Hansen-Lohrey
Available as an elective?	No
Delivered By	University of Tasmania

Availability

Location	Study period	Attendance options		Available to
Hobart	Semester 2	On-Campus		International	Domestic

Key

: On-campus
: Off-Campus
: International students
: Domestic students

Note

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Key Dates

Study Period	Start date	Census date	WW date	End date
Semester 2	22/7/2024	16/8/2024	9/9/2024	27/10/2024

* 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 2024 are indicative and subject to change. Finalised census dates for 2024 will be available from the 1st October 2023. Note census date cutoff is 11.59pm AEST (AEDT during October to March).

About Census Dates

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

The 2024 Commonwealth Supported Place (CSP) rates are still being finalised by the Government and we will update the domestic fee information as soon as we have more details.

Requisites

Prerequisites

50 credit points of Intermediate Law core, including successful completion of LAW262

Mutual Exclusions

You cannot enrol in this unit as well as the following:

LAW451

Teaching

Teaching Pattern	Lecture: 2 hours weekly face-to-face Workshop: 2 hours fortnightly
Assessment	Assessment Task 3: Workshop preparation and engagement (10%)\|Assessment Task 1: Workshop paper (25%)\|Assessment Task 2: Workshop paper (25%)\|Assessment Task 4: Exam (40%)
Timetable	View the lecture timetable \| View the full unit timetable

Teaching Pattern

Lecture: 2 hours weekly face-to-face

Workshop: 2 hours fortnightly

Assessment

Assessment Task 3: Workshop preparation and engagement (10%)|Assessment Task 1: Workshop paper (25%)|Assessment Task 2: Workshop paper (25%)|Assessment Task 4: Exam (40%)

Timetable

View the lecture timetable | View the full unit timetable

Textbooks

Required	Required readings will be listed in the unit outline prior to the start of classes.
Links	Booktopia textbook finder

The University reserves the right to amend or remove courses and unit availabilities, as appropriate.