LAW 8120 Dispute Resolution

STAFFING:

OTHER-REQUISITES:

RATIONALE:

This course is designed to introduce students to both traditional and non-traditional means of resolving disputes in a legal context. It provides a framework of relevant Australian legal principles and processes and relates these to the role of a professional adviser. Obligations of professionals in the realm of dispute resolution are considered, whether before the courts in civil proceedings as a litigant or a witness, or involved in mediation and alternative dispute resolution processes. The role of administrative law and its impact on decision making is investigated with particular regard to the legal principles and processes concerning an adviser appearing before the Administrative Appeals Tribunal. Outcomes in the form of available legal remedies and costs are considered. Developments in alternative dispute resolution methods and their application and impact on professional advisors is investigated.

SYNOPSIS:

Within the litigation sphere, the course covers matters such as jurisdiction, procedure, evidentiary rules and remedies in relation to courts and tribunals. (It also examines administrative law when dealing with tribunals). In the non-traditional area, students are introduced to developments in alternative dispute resolution, including negotiation, mediation and arbitration.

OBJECTIVES:

On successful completion of this course students will be able to:

1. describe, interpret, illustrate and explain: (a) the Australian Legal system, the role and application of precedent, court hierarchy and jurisdictions; (b) civil procedure, both at trial and in interlocutory proceedings (for example discovery, subpoenas, privilege, and investigatory powers of government agencies); (c) rules of evidence, for example, onus of proof, admissibility, hearsay and the role of expert witnesses; (d) important tribunals, their jurisdiction and relevant rules of procedure and evidence; (e) principles of administrative law applicable to tribunal activities (particularly the Administrative Appeals Tribunal as it deals with taxation matters); (f) remedies available in given causes of action and proceedings and the principles underlying the awarding of costs; (g) developments in alternative dispute resolution and evaluate and critique their usefulness in given scenarios;
2. demonstrate through appropriate illustrations the principles of law dealt with in this course and an ability to apply those principles in factual scenarios; and
3. demonstrate an ability to communicate in a legal context.

TOPICS:

TEXT and MATERIALS required to be PURCHASED or accessed:

ALL textbooks and materials are available for purchase from USQ BOOKSHOP (unless otherwise stated). Orders may be placed via secure internet, free fax 1800642453, phone 07 46312742 (within Australia), or mail. Overseas students should fax +61 7 46311743, or phone +61 7 46312742. For costs, further details, and internet ordering, use the 'Textbook Search' facility at http://bookshop.usq.edu.au click 'Semester', then enter your 'Course Code' (no spaces).

Latest editions of texts are required.

REFERENCE MATERIALS:

USQ Library Call numbers are included where relevant.

See also the Optional Further Reading list at the end of every module in the study book

Latest editions of the texts are recommended

STUDENT WORKLOAD REQUIREMENTS:

ASSESSMENT DETAILS:

NOTES:

1.

The examination is scheduled to be held in the end-of-semester examination period. Students will be advised of the official examination date after the timetable has been finalised.

IMPORTANT ASSESSMENT INFORMATION

1. Attendance requirements:
   If you are an international student in Australia, you are advised to attend all classes at your campus. For all other students, there are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.
2. Requirements for students to complete each assessment item satisfactorily:
   Students must submit assignments that represent a reasonable attempt as determined by the Examiner. Students must obtain at least 50% of the marks available for the examination.
3. Penalties for late submission of required work:
   If students submit assignments after the due date without prior approval then a penalty of 20% of the total marks gained by the student for the assignment will apply for each working day late.
4. Requirements for student to be awarded a passing grade in the course:
   To be assured of receiving a passing grade a student must attempt all of the summative assessment items, achieve at least 50% in the examination and achieve an aggregated mark of at least 50% of the available weighted marks for the summative assessment items.
5. Method used to combine assessment results to attain final grade:
   The final grades for students will be assigned on the basis of the weighted aggregate of the marks obtained for each of the summative assessment items in the course.
6. Examination information:
   This is a closed examination. Students are allowed to bring only writing and drawing instruments into the examination.
7. Examination period when Deferred/Supplementary examinations will be held:
   Any Deferred or Supplementary examinations for this course will be held during the next examination period.
8. University Regulations:
   Students should read USQ Regulations 5.1 Definitions, 5.6. Assessment, and 5.10 Academic Misconduct for further information and to avoid actions which might contravene University Regulations. These regulations can be found at the URL http://www.usq.edu.au/corporateservices/calendar/part5.htm. Students should also read the Faculty of Business Guide to Policies and Procedures of the Faculty which can be found at the URL http://www.usq.edu.au/handbook/current/buspolproc.html.

ASSESSMENT NOTES

OTHER REQUIREMENTS:

1. Learning Resources: Prescribed text and materials (see above); prescribed reference materials (see above); printed Introductory Book, Study Book/s, Answer Book, Book/s of Selected Readings; audio CD; and course Website accessible via USQConnect.