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.
|Unit name||Civil Procedure|
|Faculty/School||College of Arts, Law and Education
Faculty of Law
Dr Olivia Rundle
|Available as student elective?||No|
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- Contextualise the role of courts that deal with civil disputes.
- Apply formal civil litigation procedures in the supreme court of Tasmania and other courts.
- Apply principles of lawyers professional responsibilities and legal ethics in the context of civil litigation and dispute resolution.
- Communicate and collaborate effectively.
50 credit points of Intermediate Law core
Lecture, 2 hour, Weekly
Seminar, 1 hour, Fortnightly
Online content engagement and discussion, 1 hour, Weekly
Firm portfolio, 2500 words (50%), Exam, 2 hours (50%)
|Timetable||View the lecture timetable | View the full unit timetable|
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