Civil Procedural Law LWEN 3326

Course description:

The aim of the course is to provide an understanding of civil litigation practice and enable student as an entry-level lawyer to conduct civil litigation in first instance matters in at least one State or Territory court of general jurisdiction, in a timely and cost-effective manner. This course is not designed as a refresher course in civil litigation rather it builds on academic knowledge in a practical setting. Topics include: initiating a claim and pleadings, interlocutory applications, disclosure, gathering and presenting evidence and settlement and enforcement.

Course Aims:

Course outcomes:

By the end of this course student should be able to competently:

1. Assessing the merits of a case and identifying dispute resolution alternatives.

  • assessed the strengths and weaknesses of both the claimant's and opponent's cases;
  • identified the facts and evidence required to support the claimant's case;
  • advised the client of relevant rights and remedies in a way that a reasonable client could understand;
  • identified means of resolving the case, having regard to the client's circumstances;
  • where possible, confirmed in writing any instructions given by the client in response to initial advice;
  • identified and complied with the relevant limitation period.

2. Advising on costs of litigation

  • identified any litigation funding options and a means of reducing or recovering costs;
  • identified alternative types of costs orders and how they may be affected by formal and informal offers of compromise and the manner of conducting the litigation;
  • advised the client of relevant cost considerations in a way that a reasonable client could understand.
 
3. Initiating and responding to claims

  • Identified an appropriate claim or defence;
  • identified a court of appropriate jurisdiction;
  • identified the elements of the claim or defence, according to law;
  • followed procedures for bringing the claim or making the defence in accordance with the court's rules and in a timely manner;
  • drafted all necessary documents in accordance with those procedures.

4. Taking and responding to interlocutory and default proceedings

  • identified any need for interlocutory steps, according to the court's rules;
  • followed procedures for taking those steps in accordance with the court's rules and in a timely manner;
  • drafted all necessary documents in accordance with those procedures and rules.

5. Gathering and presenting evidence

  • identified issues likely to arise at the hearing;
  • identified evidence needed to prove the client's case or disprove the opponent's case, according to the rules of evidence;
  • identified various means of gathering evidence, and used at least one of them to gather evidence;
  • presented, or observed the presentation of, that evidence according to law and the court's rules.


6. Negotiating settlements

  • conducted, participated in or observed, settlement negotiations;
  • identified any revenue and statutory refund implications;
  • properly documented any settlement reached.


7. Taking action to enforce orders and settlement agreements

  • identified available means of enforcing the order or settlement according to law and the court's rules;
  • followed procedures relevant to the chosen means of enforcement in a timely manner.