Year No. Offer Mode Description Cred. Pts 96 52210 S2 X LIT & ALTERN DISPUTE RESOL 1.00
This unit is designed to introduce students to both traditional and non-traditional means of resolving disputes. It is intended to provide a framework of relevant legal principles and processes and relate these to the role of a professional adviser coming before the courts in civil proceedings whether as a litigant or as a witness. The unit also examines recent developments in alternative dispute resolution.
Within the litigation sphere, the unit 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 recent developments in alternative dispute resolution, including arbitration and mediation.
On successful completion of this unit students will be able to:
Description Weighting(%)
- Courts - jurisdiction and civil procedure (both at 20.00 trial and interlocutory proceedings)
- Courts - evidence including role of expert witness 10.00
- Administrative law, particularly grounds for appeal 20.00
- Tribunals - structure and procedures (eg tax appeals) 10.00
- Remedies and Costs 10.00
- Alternative Dispute Resolution, including negotiation mediation,30.00 conciliation, arbitration and case presentation
Astor H, & Chinkin C M, 'Dispute Resolution in Australia',
Butterworths.
Latest editions of texts are required.
USQ IRC Call numbers are included where relevant.
Cairns B C, 'Australian Civil Procedure', The Law Book Company
Limited, 349.9405 CAI.
Forbes J R S, `Evidence in Queensland', The Law Book Company Ltd,
347.94306 FOR.
Waight P K & Williams C R, 'Evidence', The Law Book Company Limited,
347.9406 WAI.
Latimer P, 'Australian Business Law', CCH Australia Ltd, 346.9407 LAT.
Aronson M, & Franklin N, `Review of Administrative Action', The Law
Book Company Limited, 342.94066 ARO.
Hotop S C, 'Principles of Australian Administrative Law', The Law
Book Company Limited, 342.94066 HOT.
Morris G, Cook C, Creyke R, Geddes R, `Laying Down the Law',
Butterworths, 340.07209 LAY.
Tomasic R & Fleming D, 'Australian Administrative Law', The Law
Book Company Limited, 342.9406 AUS.
Bayne P J, 'Freedom of Information', The Law Book Company Limited,
342.940853 BAY.
Burns N R, 'Injunctions; A Practical Handbook', The Law Book
Company Limited, 347.077 BUR.
Tilbury M, Kercher B & Noone M, 'Remedies': Commentary and Materials.,
The Law Book Company Limited, 347.077 TIL.
Tilbury M J, `Civil Remedies' Vols I & II, Butterworths.
(See also the Optional Further Reading list at the end of every module
in the study book.)
Latest editions of the texts are recommended.
ACTIVITY HOURS Directed Study 84 Private Study 64 Assessments 17
No *F/S Marks Due Description Wtg(%) LBL 1 S 20.00 13/09/96 ASSIGNMENT 1 20.00 Y 2 S 30.00 28/10/96 ASSIGNMENT 2 30.00 Y 3 S 50.00 END S2 EXAMINATION 50.00 N
1. TO GAIN A PASSING GRADE IN THE UNIT A STUDENT MUST:
a) obtain a passing mark in aggregate for the unit's assessment
items, AND
b) obtain a passing mark in the formal exam.
c) submit genuine attempts for the following MANDATORY items of
assessment
ASSIGNMENTS 1 & 2
2. Students must retain a copy of all pieces of assessment which
must be produced if/when required by the lecturer.
3. LATE ASSIGNMENTS
3.1 All assessments submitted after the due date (and not approved
for extension) in accordance with university policy will be
penalised 20% per working day.
3.2 If students submit assignments after the duedate and wish to
claim extenuating circumstances then they shall provide validated
documentary evidence with the assignment, explaining the
circumstances.
3.3 The unit examiner shall consider the statement accompanying a
late assignment and decide on the outcome.
4. Assignments not submitted in the appropriate assignment folders
will be deemed as not being received.
5. DISHONEST ACTIONS
5.1 Any student who is alleged to having performed a dishonest action
relating to any assessment in the unit will have a course of
action taken against him/her as outlined in the Academic
Regulations. (Regulation 5.8 (21)).
5.2 Pieces of assessment should be the work of individual students.
Joint pieces of assessment are not permitted unless
written approval has been obtained from the unit leader.
5.3 dishonest action in relation to assessment includes:
- copying or attempting to copy the work of others;
- use of or attempting to use information prohibited from use in
that form of assessment;
- submitting the work of another as your own;
- consciously committing acts of plagiarism, ie taking and using
another's thoughts or writings as one's own with intent to
deceive, which occurs when paragraphs, sentences, a single
sentence or significant parts of a sentence which are copied
irectly, are not enclosed in quotation marks and appropriately
footnoted or referenced in the text direct quotations are not
used, but text is paraphrased or summarised, and the source of
the material is not acknowledged by footnoting or other reference
in the text.
6. DEFERRED EXAMINATIONS
6.1 Deferred examinations will be granted at the Dean's discretion in
the case of medical or compassionate circumstances having regard
to item 1. If a deferred examination has been granted students
shall normally sit the deferred examination in the semester in
which the unit is offered, BUT NO LATER THAN THE NEXT SEMESTER 3
EXAMINATION PERIOD. If, for whatever reason, this deferred
examination is not taken then the student will be graded `F'.
6.2 Medical evidence on the appropriate University of Southern
Queensland medical certificate or doctor's certificate must be
received by the Faculty Administrator no later than twenty-one
(21) days after examination date. A medical certificate must be
dated with the same date as the period of illness for which the
absence from examination is being sought and clearly indicate the
student's name and, if possible, student number. (Retrospective
medical certificates will not be accepted for either assignment
work or examinations.)
6.3 A student's medical condition must be stated clearly (IN
ENGLISH). (Certificates stating a student has a `Medical
Condition' will not be sufficient grounds for deferment of
examination). Medical evidence must cover the student for the
day(s) of the missed examination(s).
6.4 Requests must be in writing to the Faculty Administrator clearly
stating the student name and number, unit number of the
examination missed due to illness and current address. Deferral
of an examination CANNOT be granted on an existing deferral in
that unit.
6.5 Students who have a medical condition on the day of the
examination are advised to obtain documentary evidence and NOT
attempt the examination. If a student makes an attempt at the
examination, the assessment item will be marked and a grade
awarded. In these cases, a student cannot, after receiving a
`Fail' grade, request a deferred examination or special
consideration.
6.6 Students who have been granted deferred examinations will not be
granted a waiver of prerequisites, without the permission of the
Heads of Discipline, in subsequent semesters (if they do not have
a passing grade).
7. Unit weightings of topics should not be interpreted as applying
to the number of marks allocated to questions testing those
topics in an examination paper. The examination may test
material already tested in assignments.
8. Mechanised erasers are not permitted in exam venues.
9. The examination will be restricted. Students will be allowed to
bring a quiet, battery-operated non-programmable calculator into
the examination. Dictionaries are NOT to be used in the
examination.
10. Students should also refer to the Faculty of Commerce `Guide to
Policies and Procedures' section of the University Handbook for
further information on the above matters.