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Hobart

Note:

This unit forms part of the Graduate Diploma in Legal Practice.

Introduction

At the conclusion of the unit trainees should be able to conduct civil litigation in first instance matters in courts of general jurisdiction and will have learnt fundamental advocacy skills.


The unit covers litigation strategy, conducting civil litigation, applications in the Supreme Court, negotiation and mediation and trial advocacy. The Unit  has a strong advocacy component with trainees appearing in the Supreme Court before Judges on a fortnightly basis. Each trainee drafts and files pleadings in response to a mock exercise they have been issued with by the Court. Trainees then attend Court to argue the application and make submissions on behalf of their client. In addition, trainees are given lectures and participate in workshops to progress two litigation files. The first is a 'simple' overview file to illustrate the litigation process and the second a complex personal injury file. The files are conducted in sequence, from taking instructions to obtaining judgment and enforcing it. The personal injury file includes instruction on negotiation and mediation and trainees participate in a mediation conference at the Supreme Court. The instruction in this unit is by way of lectures and workshops given by Judges and senior practitioners.

The unit includes a sub-unit on Tribunal Practice which is organised into two modules: Workers Compensation Practice; and Industrial Relations Practice.

In the Workers Compensation Practice module trainees will become acquainted with the statutory provisions relating to the compulsory statutory insurance scheme.  Emphasis will be placed on the operation of the legislation from a practical perspective.  Trainees will complete two exercises based on a factual scenario.  Trainees will provide written advice to their client and will make an application before the Commissioner and Deputy Commissioner in the Workers' Compensation Tribunal.

In the Industrial Relations Practice Module there will be a series of seminars and workshops designed to promote an understanding of: the State and Federal industrial relations, and anti-discrimination systems and their relationship to the applicable common law principles; and how applications in the relevant State and Federal jurisdictions are initiated and conducted.  Case scenarios and discussion groups will emphasis the practical application of the law.

Summary 2021

Unit name Civil Litigation Practice: Supreme Court Practice and Advocacy
Unit code LCA101
Credit points 12.5
Faculty/School College of Arts, Law and Education
Faculty of Law
Discipline Centre for Legal Studies
Coordinator

Naomi Bryant

Teaching staff

The teaching team includes Supreme Court Judges and senior litigation practitioners.

Level Introductory
Available as student elective? No
Breadth Unit? No

Availability

Note

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* 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).

About Census Dates

Fees

Requisites

  • Pre-requisites: Admission to course L6B Graduate Diploma in Legal Practice and LLB.

Teaching

Teaching Pattern

Unit is part of GradDipLegPrac. Course carries a full-time load taught over 3 days per week. Attendance is compulsory.

Assessment

Assessment of all elements in this unit will be in accordance with the requirements of the Law Admissions Consultancy Council's 'National Competency Standards for Entry Level Lawyers'

TimetableView the lecture timetable | View the full unit timetable

Textbooks

Required

Recommended

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