Overview

This unit examines and analyses the law relating to the resolution of civil disputes between two or more parties. It focuses on the role of lawyers, courts and judges in the resolution of civil law disputes and the stages of civil proceedings including the identification of jurisdiction, the initiation of proceedings, service, pleadings, the acquisition and use of evidence, judgement, the right to appeal and costs. The unit examines alternative forms of dispute resolution (ADR) such as arbitration and mediation as well as the science of negotiation and persuasion.

Requisites

Prerequisites
LAW30029 Civil Procedure and Alternative Dispute Resolution

Rule
150 credit points in Law

Teaching Periods
Location
Start and end dates
Last self-enrolment date
Census date
Last withdraw without fail date
Results released date
Semester 1
Location
Hawthorn
Start and end dates
26-February-2024
26-May-2024
Last self-enrolment date
10-March-2024
Census date
31-March-2024
Last withdraw without fail date
12-April-2024
Results released date
02-July-2024
Teaching Period 2
Location
Online
Start and end dates
08-July-2024
06-October-2024
Last self-enrolment date
21-July-2024
Census date
02-August-2024
Last withdraw without fail date
23-August-2024
Results released date
29-October-2024

Learning outcomes

Students who successfully complete this unit will be able to:

  • Describe and evaluate a civil procedural laws and related policies
  • Identify a civil dispute between two or more parties and exercise judgment and responsibility in advising upon the most appropriate avenues for resolving that dispute
  • Apply the law of civil procedure and alternative dispute resolution to factual situations and effectively communicate with clients and others about their rights and obligations in those factual situations
  • Analyse and critique current perspectives and developments in Australian civil procedure and alternative dispute resolution
  • Conduct civil procedure and alternative dispute resolution research independently and in groups and use the results of that research to reach well-reasoned conclusions

Teaching methods

Hawthorn

Type Hours per week Number of weeks Total (number of hours)
On-campus
Class
3.00 12 weeks 36
Online
Lecture
1.00 12 weeks 12
Unspecified Activities
Independent Learning
8.50 12 weeks 102
TOTAL150

Swinburne Online

Type Hours per week Number of weeks Total (number of hours)
Online
Directed Online Learning and Independent Learning
11.50 12 weeks 138
Live Online
Class
1.00 12 weeks 12
TOTAL150

Assessment

Type Task Weighting ULO's
EssayIndividual 5 - 15% 1,2,3,4 
ExaminationIndividual 50 - 70% 1,2,3,4 
PresentationGroup 25 - 35% 1,2,3,4,5 

Content

Topics will include:

  • Jurisdiction
  • Managing litigation under an adversarial system
  • Commencing and conducting proceedings
  • Parties and causes of action
  • Pleadings
  • Obtaining and using evidence
  • Trial
  • Judgment and enforcement
  • Appeal
  • Costs
  • Mediation
  • Arbitration
  • Negotiation and persuasion
  • Class actions

Study resources

Reading materials

A list of reading materials and/or required textbooks will be available in the Unit Outline on Canvas.