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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.

LAW3322 Civil Procedure

Semester 2, 2021 Online
Short Description: 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 4
ASCED code : 090999 - Law not elsewhere classified
Grading basis : Graded
Version produced : 11 April 2021

Staffing

Examiner: Anton La Vin

Requisites

Pre-requisite: LAW1123 and LAW1124

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 Bachelor of Laws 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'). 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 demonstrate:

  1. knowledge
    An understanding of a coherent 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 the professional practice of civil procedure; and
    (b) A developing ability to exercise professional judgement
  3. thinking Skills
    The ability to:
    (a) Identify and articulate legal issues relevant to civil procedure;
    (b) Comprehend legal and other materials relevant to civil procedure;
    (c) Apply legal reasoning and research to generate appropriate responses to legal issues relevant to civil procedure;
    (d) Engage in critical analysis and make a reasoned choice amongst alternatives
  4. communication and collaboration
    The ability to:
    (a) Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences using skills in advocacy, argument and legal drafting; and
    (b) Collaborate effectively by demonstrating skills and knowledge in the areas of negotiation and alternative dispute resolution.

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=2021&sem=02&subject1=LAW3322)

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 2019, Civil procedure: commentary and materials, 7th edn, LexisNexis Butterworths, Chatswood, New South Wales.
Cullen, B 2018, Civil procedure, 4th edn, Lawbook Co, Pyrmont, New South Wales.

Student workload expectations

Activity Hours
Assessments 40.00
Directed Study 50.00
Private Study 75.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
PLEADINGS EXERCISE 40 40 13 Sep 2021
EXAMINATION 60 60 End S2 (see note 1)

Notes
  1. This is an open examination. The total working time for the examination is 2 hours. The examination date will be available via UConnect when the official examination timetable has been released.

Important assessment information

  1. Attendance requirements:
    Online: 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.

    On-campus: 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:
    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 obtain at least 50% of the total weighted marks available for the course.

    Supplementary assessment may be offered where a student has undertaken all of the required summative assessment items but has failed to achieve a passing Final Grade by 5% or less of the total weighted Marks.

    To be awarded a passing grade for a supplementary assessment item (if applicable), a student must achieve at least 50% of the available marks for the supplementary assessment item as per the Assessment Procedure http://policy.usq.edu.au/documents/14749PL (point 4.4.2).

  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:
    This will be an open examination. Candidates may have access to any printed or written material and a calculator during 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 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 a Bachelor of Laws program must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in a Bachelor of Laws program 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 11 April 2021