Unit rationale, description and aim
The Rule of Law, and access to legal advice, are the basis of free, democratic, and just societies which promote personal dignity, thriving communities, and the Common Good. Law graduates working in legal practice, in business, in government, and in the community play an essential role in promoting and upholding the Rule of Law in Australia and across the world. The Bachelor of Laws degree is an accredited degree for admission as a legal practitioner in Australia.
Civil Procedure and Alternative Dispute Resolution deals with the law relating to the resolution of civil disputes between two or more parties. It focuses on the resolution of such disputes using the court system, including how issues are identified through pleadings, how evidence is obtained and used, the conduct of trials, the nature and enforcement of judgments and the right of appeal. The unit will also examine alternative dispute resolution in particular mediation and arbitration and the skill of legal negotiation.
Learning outcomes
To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.
Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.
Explore the graduate capabilities.
Describe and critically evaluate rules governing t...
Learning Outcome 01
Demonstrate an understanding of the rationale and ...
Learning Outcome 02
Apply the law to factual situations involving civi...
Learning Outcome 03
Content
Topics will include:
This content reflects the academic areas of knowledge required for accreditation, Schedule 1, Legal Profession Admission Rules 2015.
(a) Court adjudication under an adversary system
(b) The cost of litigation and the use of costs to control litigation
(c) Service of originating process—as foundation of jurisdiction, including service out of the relevant State or Territory and choice of forum
(d) 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 verdict
(e) Defining the questions for trial—pleadings, notices to admit and other devices
(f) Obtaining evidence—discovery of documents, interrogatories, subpoena and other devices
(g) Disposition without trial, including the compromise of litigation
(h) Extra-judicial determination of issues arising in the course of litigation
(i) Judgment
(j) Appeal
(k) Enforcement
(l) Alternative dispute resolution
(m) Obligations of parties and practitioners relating to the resolution of disputes,
or topics of such breadth and depth as to satisfy the following guidelines:
The topics should embrace the general study of rules of civil procedure and alternative dispute resolution relevant in the State or Territory. The law concerning jurisdiction, the initiation and service of process, the definition of issues through pleadings and judgment and enforcement should all be included.
Assessment strategy and rationale
The assessment strategy is designed to assess knowledge, skills and understanding in a specialist area of law required for accreditation.
The assessment tasks for this unit are designed to demonstrate achievement of each of the learning outcomes listed and, because of accreditation requirements and the rise of undetectable generative artificial intelligence, all assessments are Lane 1 type assessments that are invigilated.
Overview of assessments
Assessment 1: Tutorial participationThis summativ...
Assessment 1: Tutorial participation
This summative and formative assessment requires students to consider real life issues arising in civil procedure and how to deal with and manage those issues. Each student will have numerous opportunities to evidence their achievement of the ILOs by contributing to the answers to questions posed in weekly tutorials. This assessment will also allow students to work with each other in the class and to develop advocacy skills through participation in individual, small and large group problem solving exercises and discussions. A criteria referenced assessment marking rubric will be used to assess students.
20%
Assessment 2: Legal problem solving This summativ...
Assessment 2: Legal problem solving
This summative and formative assessment Task comprises a fact scenario and/or direct question/s. Students must consider a fact scenario and provide a written answer to the given question/s for that scenario using deductive reasoning and relevant authority (statute and common law). A criteria referenced assessment marking rubric will be used to assess students.
30%
Assessment 3: Examination This summative open boo...
Assessment 3: Examination
This summative open book assessment comprises multiple short answer problem-based questions. A criteria-referenced assessment marking rubric will be used to assess students.
50%
Learning and teaching strategy and rationale
Mode: Lectures, tutorials (learning activities), student consultation, research tasks and presentations.
Duration: 4 hours per week over 12 weeks or equivalent. Students are expected to spend 150 hours in total for this unit.
This level two specified “Priestley” unit allows students to demonstrate knowledge, skills and understanding in a specialist area of law to meet the requirements of accreditation.
Our strategy is to encourage students to creatively engage with unit content and to apply fundamental legal knowledge, skills and understandings to address legal problems.
The unit is designed to be delivered in-person throughout a standard semester of 12 weeks. We have taken a blended learning approach to provide accessibility and flexibility to our students and a student focused approach that increases depth of learning and engagement through actively utilising Canvas.
Representative texts and references
Required text(s)
· Colbran S, Civil Procedure (LexisNexis, 3rd ed, 2022)
· Supreme Court (General Civil Procedure) Rules 2015 (Vic)*†
· Civil Procedure Act 2010 (Vic)* †
· Uniform Civil Procedures Rules 2015 (Vic)* †
* These can be accessed online through the various data bases available through the ACU library.
† NSW and Queensland will use the equivalent state-based legislation in their iterations of the unit.
Recommended references
· Cairns B, Australian Civil Procedure (Thomson Reuters, 13th ed, 2024)
· Colbran S et al, Civil Procedure: Commentary and Materials (LexisNexis Butterworths, 8th ed, 2022)
· Bamford et al, Principles of Civil Litigation (Thomson Reuters, 4th ed, 2021)
· Spencer D, Principles of Dispute Resolution (Thomson Reuters, 3rd ed, 2020)
· Spencer D, Barry L and Akin Ojelabi L, Dispute Resolution in Australia: Cases, Commentary & Materials (Thomson Reuters, 5th ed, 2023)