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The current and official versions of the course specifications are available on the web at https://www.usq.edu.au/course/specification/current.
Please consult the web for updates that may occur during the year.

LAW5322 Advanced Civil Procedure

Semester 2, 2020 Online
Short Description: Advanced Civil Procedure
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 3
ASCED code : 090999 - Law not elsewhere classified
Grading basis : Graded
Version produced : 19 September 2020

Staffing

Examiner: Anton La Vin

Requisites

Pre-requisite: LAW5123 or (LAW5601 and LAW5602)

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 Admissions 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').

Objectives

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

  1. knowledge
    An advanced and integrated understanding of a complex body of knowledge relevant to:
    (a) Civil procedure;
    (b) The principles and values of ethical practice in lawyers’ roles;
  2. ethics and professional responsibility
    (a) An ability to recognise and reflect upon, and a developing ability to respond to, ethical issues likely to arise in professional practice of civil procedure; and
    (b) A developing ability to exercise professional judgement;
  3. thinking skills
    The ability to:
    (a) Identify and articulate complex legal issue relevant to civil procedure;
    (b) Comprehend legal and other materials relevant to civil procedure;
    (c) Engage in critical analysis and make reasoned and appropriate choices amongst alternatives;
    (d) Demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses in the civil justice system, including the ability to explore new ways to address contemporary social problems through the application of legal techniques, insights and understandings;
  4. research skills
    The intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research in an ethical manner, evaluate and synthesise relevant factual, legal and policy issues;
  5. communication and collaboration
    The ability to:
    Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences, including by demonstrating:
    a. skills in legal drafting;
    b. skills in legal communication, advocacy and argument.

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://omnia.usq.edu.au/textbooks/?year=2020&sem=02&subject1=LAW5322)

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

Cairns, BC 2016, Australian civil procedure, 11th edn, Thomson Reuters, Pyrmont, New South Wales.
Civil Procedure Queensland Online. Available via LexisNexis AU [electronic database] at https://advance.lexis.com/api/toc/source/MTA3NTQ0Ng?context=1201008&federationidp=JMNCG437783.
Queensland Courts Online at http://www.courts.qld.gov.au.
'Uniform Civil Procedure Rules 1999' (Qld). This is located online with other Queensland legislation at https://www.legislation.qld.gov.au/OQPChome.htm, can be purchased in hardcopy and is also available in the Law Primary Collection in the library in hardcopy.

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, Spender, P, Jackson, SM & Douglas, R 2015, Civil procedure: commentary and materials, 6th edn, Lexisnexis Butterworths, Chatswood, New South Wales.
Cullen, B 2013, Civil procedure, 3rd edn, Lawbook Co, Pyrmont, New South Wales.

Student workload expectations

Activity Hours
Assessments 40.00
Directed Study 50.00
Private Study 70.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
PLEADINGS EXERCISE 40 40 14 Sep 2020
RESEARCH ASSIGNMENT 60 60 19 Oct 2020

Important assessment information

  1. Attendance requirements:
    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:
    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:
    Students should refer to the Assessment Procedure http://policy.usq.edu.au/documents.php?id=14749PL (point 4.2.4)

  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.

Date printed 19 September 2020