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Civil Procedure provides an understanding of procedural law and the skills to resolve disputes, when necessary, through the process of litigation.
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.
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.
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), and4. explain the ethical obligations and role of the legal practitioner as an officer of the court (CLOs 1.2, 5.1).
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.
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.
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.
PrescribedStephen 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)RecommendedStephen 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)
There are no out-of-the-ordinary risks associated with this unit.
You can apply to study this unit for personal or professional development
Apply now for single-unit study
You can apply to study this unit for credit towards a course at another university
Apply now for cross-institutional study