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.