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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, 2021 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 4
ASCED code : 090999 - Law not elsewhere classified
Grading basis : Graded
Version produced : 17 April 2021

Staffing

Examiner: Anton La Vin

Requisites

Pre-requisite: LAW5123 and LAW5124

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. It is approved by the Legal Practitioners Admissions Board (Qld) and the Chief Justice of Queensland as meeting the civil procedure area of knowledge under the Supreme Court (Admission) Rules 2004 (Qld) and therefore deals with elements of Civil Procedure, specifically: court adjudication under an adversary system; the cost of litigation and the use of costs to control litigation; service of originating process – as foundation of jurisdiction, including service out of the relevant State or Territory and choice of forum; joinder of claims and parties, including group proceedings and the defence of prior adjudication as instances of the public interest in avoiding a multiplicity of proceedings and inconsistent verdicts; defining the questions for trial – pleadings, notices to admit and other devices; obtaining evidence – discovering of documents, interrogatories, subpoena and other devices; disposition without trial, including the compromise of litigation; extra-judicial determination of issues arising in the course of litigation; judgement; appeal; and enforcement.

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:

  1. Demonstrate an advanced and integrated understanding [explain, apply and evaluate] of a complex body of knowledge [relevant to civil procedure], and underlying principles and concepts; the broader contexts within which legal issues arise [in this area]; and the principles and values of justice and of ethical practice in lawyers’ roles; and contemporary developments in law, and its professional practice (PO1/TLO1).
  2. Demonstrate an ability to recognise and reflect upon, and a developing ability to respond to, ethical issues likely to arise in professional contexts [relevant to civil procedure]; a developing ability to exercise professional judgment; [and awareness of the social and economic consequences of law and lawyers’ work, together with the attendant professional obligation to practise in ways which are respectful to the interests of clients, communities, economies and the environment (PO2/TLO2).
  3. Identify and articulate complex legal issues [relevant to civil procedure]; [comprehend legal and other materials]; apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues; engage in critical analysis and make reasoned and appropriate choices amongst alternatives; and demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses (PO3/TLO3).
  4. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
  5. Learn and work with a high level of autonomy, accountability and professionalism; and reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development (PO6/TLO6).

Topics

Description Weighting(%)
1. Court adjudication under an adversary system [Admission Rules 9(1)] 10.00
2. The cost of litigation and the use of costs to control litigation [Admission Rules 9(2)] 7.50
3. Service of originating process – as foundation of jurisdiction, including service out of the relevant State or Territory and choice of forum [Admission Rules 9(3)] 7.50
4. Joinder of claims and parties, including group proceedings and the defence of prior adjudication as instances of the public interest in avoiding a multiplicity of proceedings and inconsistent verdicts [Admission Rules 9(4)] 10.00
5. Defining the questions for trial – pleadings, notices to admit and other devices [Admission Rules 9(5)] 15.00
6. Obtaining evidence – discovery of documents, interrogatories, subpoena and other devices [Admission Rules 9(6)] 12.50
7. Disposition without trial, including the compromise of litigation [Admission Rules 9(7)] 12.50
8. Extra-judicial determination of issues arising in the course of litigation [Admission Rules 9(8)] 5.00
9. Judgement [Admission Rules 9(9)] 7.50
10. Appeal [Admission Rules 9(10)] 5.00
11. Enforcement [Admission Rules 9(11)] 7.50

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=LAW5322)

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

Cairns, BC 2020, Australian civil procedure, 12th edn, Thomson Reuters, Pyrmont, New South Wales.
Civil Procedure Queensland Online. Available via Lexis Advance Pacific [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 70.00

Assessment details

Description Marks out of Wtg (%) Due Date Objectives Assessed Notes
ONLINE TEST 10 10 20 Aug 2021 1,2,3 (see note 1)
ASSIGNMENT 40 40 17 Sep 2021 1,2,3 (see note 2)
RESEARCH ASSIGNMENT 50 50 22 Oct 2021 1,2,3,4,5

Notes
  1. A formative online quiz will prepare students for this assessment item.
  2. The assignment is a pleadings exercise.

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 17 April 2021