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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, 2022 Online
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
Grading basis : Graded
Version produced : 2 July 2022

Staffing

Examiner: Anton La Vin

Requisites

Pre-requisite: LAW5123 and LAW5124

Overview

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.

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').

Course learning outcomes

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

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.

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Approach Type Description Group
Assessment
Weighting (%) Course learning outcomes
Assignments Written Quiz No 10 1,2,3
Assignments Written Case Study No 40 1,2,3,4,5
Assignments Written Research (paper) No 50 1,2,3,4
Date printed 2 July 2022