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LLB306 Civil Procedure

Unit synopsis

Civil Procedure provides an understanding of procedural law and the skills to resolve disputes, when necessary, through the process of litigation.

Faculty
Faculty of Law
Study area
Law and justice
Credit points
12

Dates and locations

Teaching period Locations
Summer, 2017 (Block)
20 November 2017 - 16 February 2018
  • Gardens Point
Summer, 2017
20 November 2017 - 16 February 2018
  • Gardens Point (External)
Semester 2, 2018
23 July 2018 - 16 November 2018
  • Gardens Point
  • Gardens Point (External)

Fees

Commonwealth supported place (CSP) student contribution amount
2017: $1,324
2018: $1,368
Domestic fee-paying student fee
2017: $2,400
2018: $2,532
International student fee
2017: $3,348
2018: $3,480

Guide to fees

Commonwealth supported place (CSP) student contribution amount
For Australian citizens, permanent visa holders and permanent humanitarian visa holders, and New Zealand citizens who study this unit:
  • as part of a QUT course and are eligible for a Commonwealth supported place (CSP)
  • as a cross-institutional student who has a Commonwealth supported place at their home university.
Domestic fee-paying student fee
For Australian citizens, permanent visa holders and permanent humanitarian visa holders, and New Zealand citizens, who study this unit:
  • as part of a QUT course and are not eligible for a Commonwealth supported place (CSP)
  • as part of a QUT course during Summer Semester
  • as a cross-institutional student who does not have a Commonwealth supported place at their home university
  • as a single-unit study student.
International student fee
For international students who study this unit:
  • as part of a QUT course
  • as part of our study abroad or exchange programs
  • as a cross-institutional student.

Previous study requirements

Prerequisites
192cp of Law units
Anti-requisites
LWB431

Guide to previous study requirements

Prerequisites
To enrol in this unit, you must have completed these prerequisite units (or have credit, advanced standing or exemption for them), or be able to demonstrate that you have equivalent background knowledge.
Anti-requisites
You can’t enrol in this unit if you have completed any of these anti-requisite units.
Co-requisites
To enrol in this unit, you must have already completed these co-requisite units, or you must enrol in them at the same time.
Equivalents
You can’t enrol in this unit if you have completed any of these equivalent units.
Assumed knowledge
We assume that you have a minimum level of knowledge in certain areas before you start this unit.

Summer Semester details

Dates
20 November 2017 - 16 February 2018
Class days
This unit will be taught in intensive/block mode. Timetable information will be available in HiQ by October.
Fee type
Tuition Fee
Restrictions
The unit is available to QUT, single-unit or cross-institutional students.
Notes
This is a summer tuition fee unit at the undergraduate level. Standard tuition fees apply. Eligible students may apply for FEE-HELP in eStudent, including cross institutional and QUT students in a Commonwealth supported place who are required to pay tuition fees.

Coordinator

Name
Mr Scott Kiel-Chisholm
Email
s.kielchisholm@qut.edu.au
Phone
3138 1602

Rationale

An understanding of civil procedure is required for admission to legal practice. This core unit draws on knowledge gained throughout the degree including contract law, torts, statutory interpretation and dispute resolution skills.

Aims

This unit aims to:

· develop knowledge and understanding of procedural law in Australia, and
· extend skills from earlier studies in law units, such as critical analysis and drafting in LLB301 Real Property.

Learning outcomes

At the completion of this unit you should be able to:

1. apply procedural law to real world issues to demonstrate an understanding of the litigation process (Course Learning Outcomes 1.1, 2.1, 2.2)
2. draft a range of court documents in the context of the litigation process (CLOs 1.1, 2.1, 4.1)
3. apply dispute resolution and problem solving, to procedural problems and communicate the legal position fluently (CLOs 4.1, 4.4), and
4. explain the ethical obligations and role of the legal practitioner as an officer of the court (CLOs 1.2, 5.1).

Content

The content of this unit includes:

· the rules of civil procedure relevant, with a particular emphasis on the rules in Queensland, including rules concerning jurisdiction and the initiation and service process
· the adversarial system and alternate methods of dispute resolution
· the definition of issues in the procedural process, and
· judgment, appeals, costs and enforcement.

Approaches to teaching and learning

The learning and teaching in this unit is blended, comprising online content delivery for independent, flexible learning and face-to-face tutorials that facilitate the practice of applying the law to fact scenarios, and developing skills in legal problem solving, drafting and communication.

Student learning is supported with online materials to provide feedback on the understanding of the principles and skills of the unit. Advocacy and dispute resolution will be practised as will be written communication and drafting legal documents. Students will engage with the social context of law and international perspectives in terms of civil procedure in comparative legal systems through case studies and online exercises.

External students are supported with an External Attendance School mid-way through the semester.

Assessment items

Name #1: Assignment
DescriptionStudents will complete a minor research project on a prescribed topic. The topic will be chosen to allow the student to critically examine a limited aspect of civil procedure of current relevance. Word limit: 3000 words.
Weighting40%
Due dateTBA
Internal or externalBoth
Group or individualIndividual
Relates to learning outcomes1, 3 and 4
Name #2: Examination
DescriptionAn open book exam that may assess all topics covered in the unit.
Weighting60%
Due dateCentral Exam Period
Internal or externalBoth
Group or individualIndividual
Relates to learning outcomes1 - 4

Academic integrity

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Prescribed
Stephen Colbran et al, Civil Procedure: Commentary and Materials (LexisNexis Butterworths, 6th ed, 2015)
Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth)
Jurisdiction of Courts (Cross-Vesting) Act 1987 (Qld)
Service and Execution of Process Act 1992 (Cth)
Trans-Tasman Proceedings Act 2010 (Cth)
Uniform Civil Procedure Rules 1999 (Qld)
Civil Proceedings Act 2011 (Qld)

Recommended
Stephen Colbran et al, Civil Procedure: Study Guide (LexisNexis Butterworths, 2016)
Sheryl Jackson and Julie Pastellas, System@Law Litigator's Toolkit (On-Line Service, Elegals, 1999). This reference can be accessed through the unit's Blackboard site under Learning Resources.
Kylie Downes QC, Back to Basics (Queensland Law Society, 2nd ed, 2013)
Bernard Cairns, Australian Civil Procedure (Thomson Reuters, 10th ed, 2013)
David Thomas, Bernard Cairns and Bridget Cullen (eds), Uniform Civil Procedure Queensland 2016 (Thomson Reuters, 2015)

Risk assessment statement

There are no out-of-the-ordinary risks associated with this unit.

Coordinator

Name
Scott Kiel-Chisholm
Email
s.kielchisholm@qut.edu.au
Phone
3138 1602

Rationale

An understanding of civil procedure is required for admission to legal practice. This core unit draws on knowledge gained throughout the degree including contract law, torts, statutory interpretation and dispute resolution skills.

Aims

This unit aims to:

· develop knowledge and understanding of procedural law in Australia, and
· extend skills from earlier studies in law units, such as critical analysis and drafting in LLB301 Real Property.

Learning outcomes

At the completion of this unit you should be able to:

1. apply procedural law to real world issues to demonstrate an understanding of the litigation process (Course Learning Outcomes 1.1, 2.1, 2.2)
2. draft a range of court documents in the context of the litigation process (CLOs 1.1, 2.1, 4.1)
3. apply dispute resolution and problem solving, to procedural problems and communicate the legal position fluently (CLOs 4.1, 4.4), and
4. explain the ethical obligations and role of the legal practitioner as an officer of the court (CLOs 1.2, 5.1).

Content

The content of this unit includes:

· the rules of civil procedure relevant, with a particular emphasis on the rules in Queensland, including rules concerning jurisdiction and the initiation and service process
· the adversarial system and alternate methods of dispute resolution
· the definition of issues in the procedural process, and
· judgment, appeals, costs and enforcement.

Approaches to teaching and learning

The learning and teaching in this unit is blended, comprising online content delivery for independent, flexible learning and face-to-face tutorials that facilitate the practice of applying the law to fact scenarios, and developing skills in legal problem solving, drafting and communication.

Student learning is supported with online materials to provide feedback on the understanding of the principles and skills of the unit. Advocacy and dispute resolution will be practised as will be written communication and drafting legal documents. Students will engage with the social context of law and international perspectives in terms of civil procedure in comparative legal systems through case studies and online exercises.

External students are supported with an External Attendance School mid-way through the semester.

Assessment items

Name #1: Assignment
DescriptionStudents will complete a minor research project on a prescribed topic. The topic will be chosen to allow the student to critically examine a limited aspect of civil procedure of current relevance. Word limit: 3000 words.
Weighting40%
Due dateWeek 5
Internal or externalBoth
Group or individualIndividual
Relates to learning outcomes1, 3 and 4
Name #2: Examination
DescriptionAn open book exam that may assess all topics covered in the unit.
Weighting60%
Due dateCentral Exam Period
Internal or externalBoth
Group or individualIndividual
Relates to learning outcomes1-4

Academic integrity

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Prescribed
Stephen Colbran et al, Civil Procedure: Commentary and Materials (LexisNexis Butterworths, 6th ed, 2015)
Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth)
Jurisdiction of Courts (Cross-Vesting) Act 1987 (Qld)
Service and Execution of Process Act 1992 (Cth)
Trans-Tasman Proceedings Act 2010 (Cth)
Uniform Civil Procedure Rules 1999 (Qld)
Civil Proceedings Act 2011 (Qld)

Recommended
Stephen Colbran et al, Civil Procedure: Study Guide (LexisNexis Butterworths, 2016)
Sheryl Jackson and Julie Pastellas, System@Law Litigator's Toolkit (On-Line Service, Elegals, 1999). This reference can be accessed through the unit's Blackboard site under Learning Resources.
Kylie Downes QC, Back to Basics (Queensland Law Society, 2nd ed, 2013)
Bernard Cairns, Australian Civil Procedure (Thomson Reuters, 10th ed, 2013)
David Thomas, Bernard Cairns and Bridget Cullen (eds), Uniform Civil Procedure Queensland 2016 (Thomson Reuters, 2015)

Risk assessment statement

There are no out-of-the-ordinary risks associated with this unit.

Apply

Single-unit study

You can apply to study this unit for personal or professional development

Apply now for single-unit study

Cross-institutional study

You can apply to study this unit for credit towards a course at another university

Apply now for cross-institutional study