LAW5709 Advanced Procedure
|Semester 2, 2012 On-campus Toowoomba|
|Faculty or Section :||Faculty of Business and Law|
|School or Department :||School of Law|
|Version produced :||30 December 2013|
Examiner: Anton La Vin
Moderator: Liam Scott
Pre-requisite: LAW5602 and LAW5706 and LAW5712
Pre-requisite or Co-requisite: LAW5702
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.
This course aims to familiarise students with the theoretical issues that underpin private civil litigation, as well as the processes that must be followed in commencing, conducting, and finalising civil disputes in the Queensland and Federal courts. Students will also be exposed to alternative dispute resolution ("ADR") methodologies, and will consider the circumstances in which ADR is more appropriate than a progression to trial. Following successful completion of this course, students will understand the various steps that are taken to progress civil litigation, and will be familiar with the applicable statutes and rules; in particular the key provisions of the Uniform Civil Procedure Rules 1999 (Qld) ('UCPR'). This is a practically focussed course, designed to assist future practitioners in confidently solving litigation related problems utilising best practice.
On successful completion of this course, students should:
- know the steps in civil litigation in Queensland, the applicable statutes and the key provisions of the Uniform Civil Procedure Rules 1999 (Qld) (“UCPR”)
- understand the role of pleadings in framing litigation
- understand best practice in the conduct of litigation
- be confident in solving litigation related problems
- be confident in drafting key forms and simple pleadings.
|1.||Introduction to the UCPR and the adversarial process||8.00|
|2.||Pre-litigation processes and rules||20.00|
|4.||Disclosure, interlocutory applications and ending proceedings early||21.00|
|5.||Getting to trial and after trial procedures||14.00|
|6.||Federal Court practice and procedure||7.00|
Text and materials required to be purchased or accessed
ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://bookshop.usq.edu.au/bookweb/subject.cgi?year=2012&sem=02&subject1=LAW5709)
Please contact us for alternative purchase options from USQ Bookshop. (https://bookshop.usq.edu.au/contact/)
Cairns, BC 2011, Australian civil procedure, 9th edn, Thomson Reuters, Pyrmont, New South Wales.
Civil Procedure Queensland online. Available via LexisNexis AU [electronic database] at http://ezproxy.usq.edu.au/login?url=http://resguide.usq.edu.au/index.php?type=databases&route=direct&ID=76.
Queensland Courts On Line at http://www.courts.qld.gov.au.
Uniform Civil Procedure Rules 1999 (Qld). This is located online with other Queensland legislation, can be purchased in hardcopy and is also available on reserve in the library in hardcopy.
Colbran, SE, Reinhardt, GJ, Spender, P, Jackson, SM & Douglas, R 2009, Civil procedure: commentary and materials, 4th edn, Lexisnexis Butterworths, Chatswood, New South Wales.
Cullen-Mandikos, B 2009, Civil procedure, 2nd edn, Lawbook Co, Pyrmont, New South Wales.
Student workload requirements
|Description||Marks out of||Wtg (%)||Due Date||Notes|
|MULTIPLE-CHOICE QUIZ 1||0||0||10 Aug 2012||(see note 1)|
|MULTIPLE-CHOICE QUIZ 2||0||0||07 Sep 2012|
|ADVOCACY EXERCISE||40||40||22 Oct 2012|
|2-HOUR EXAMINATION||60||60||End S2||(see note 2)|
- The multiple-choice quizzes are non-compulsory formative assessment items that are designed to test student's knowledge and understanding of the material covered in the course up until the date of assessment. Students are encouraged to complete the quizzes although they do not count toward the student's final grade.
- 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
It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and 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.
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)
Penalties for late submission of required work:
If students submit assignments after the due date without prior approval of the examiner, then a penalty of 5% of the total marks gained by the student for the assignment may apply for each working day late up to ten working days at which time a mark of zero may be recorded.
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.
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 (or grades) obtained for each of the summative assessment items in the course.
This is an open examination. Candidates may have access to any printed or written material and a calculator during the examination.
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.
University Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au.
Referencing in assignments: Students studying this course as part of a Bachelor of Laws or Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in either of these programs may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing, or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing.
Computer, e-mail and Internet access: Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.