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LAW5709 Advanced Procedure

Semester 2, 2013 On-campus Toowoomba
Units : 1
Faculty or Section : Faculty of Business and Law
School or Department : School of Law
Version produced : 21 April 2014

Contents on this page

Staffing

Examiner: Anton La Vin
Moderator: Liam Scott

Requisites

Pre-requisite: LAW5602 and LAW5706 and LAW5712
Pre-requisite or Co-requisite: LAW5702

Other requisites

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.

Rationale

This is a core course in the Juris Doctor program and is mandated by the Legal Practitioners’ Admission Board, Queensland, being a prescribed area of legal knowledge for legal practice. The course provides students with opportunities to learn civil litigation procedure and practice which is considered an essential skill for any practising lawyer.

Synopsis

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.

Objectives

On successful completion of this course, students should be able to:

  1. understand the steps in civil litigation in Queensland, the applicable statutes and the key provisions of the Uniform Civil Procedure Rules 1999 (Qld) (“UCPR”)
  2. understand the role of pleadings in framing litigation
  3. draft key forms and pleadings
  4. understand best practice in the conduct of litigation, including alternative dispute resolution
  5. apply creative legal reasoning and research to solve litigation related problems
  6. work alone and with others in effectively representing a client in a simulated court appearance.

Topics

Description Weighting(%)
1. Introduction to the UCPR and the adversarial process 8.00
2. Pre-litigation processes and rules 20.00
3. Commencing proceedings 30.00
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=2013&sem=02&subject1=LAW5709)

Please contact us for alternative purchase options from USQ Bookshop. (https://bookshop.usq.edu.au/contact/)

Reference materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
  • Colbran, SE, Reinhardt, GJ, Spender, P, Jackson, SM & Douglas, R 2012, Civil procedure: commentary and materials, 5th edn, Lexisnexis Butterworths, Chatswood, New South Wales.
  • Cullen, B 2013, Civil procedure, 3rd edn, Lawbook Co, Pyrmont, New South Wales.

Student workload requirements

Activity Hours
Assessments 40.00
Directed Study 50.00
Private Study 75.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
ADVOCACY EXERCISE 1 10 10 09 Aug 2013 (see note 1)
ADVOCACY EXERCISE 2 15 15 09 Sep 2013 (see note 2)
ADVOCACY EXERCISE 3 15 15 23 Sep 2013 (see note 3)
ADVOCACY EXERCISE 4 60 60 21 Oct 2013 (see note 4)

NOTES
  1. Initial Letter of Advice
  2. Claim and Statement of Claim
  3. Notice of Intention to Defend and Defence
  4. Application Documents and Court Appearance

Important assessment information

  1. Attendance requirements:
    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.

  2. 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.)

  3. 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.

  4. 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.

  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 (or grades) obtained for each of the summative assessment items in the course.

  6. Examination information:
    There is no examination in this course.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Not applicable.

  8. 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.

Assessment notes

  1. Referencing in assignments:
    Students studying this course as part of the Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in the Juris Doctor 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.

Other requirements

  1. 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.