• Offered by Law School
  • ANU College ANU College of Law
  • Course subject Laws
  • Areas of interest Law
  • Academic career Undergraduate
  • Course convener
    • Prof Peta Spender
  • Mode of delivery In Person
  • Co-taught Course LAWS6244
  • Offered in First Semester 2016
    See Future Offerings

This course is an introduction to dispute resolution focussing upon mediation and civil litigation.  The course will examine dispute resolution within and outside the legal system and will explore litigation via the principles of civil procedure.  The interlocutory steps in civil litigation will be analysed alongside the strategies adopted by lawyers in the conduct of litigation.  The course is structured to meet the requirements for admission as a legal practitioner in the Australian States and Territories but also provides opportunities for critical appraisal of litigation policy and practice.

Topics to be covered include:

  • access to justice
  • the importance of process
  • mediation procedures
  • confidentiality and power imbalances in dispute resolution
  • when and how to commence proceedings in court
  • class actions
  • urgent applications
  • gathering evidence.

Learning Outcomes

Objectives

Having successfully completed this course, you will have:

·         an understanding of the range of dispute resolution processes

·         familiarity with the current issues in dispute resolution, particularly in relation to court systems

·         an understanding of the principles underpinning civil litigation and court adjudication

·         strategies to progress a case to court adjudication, in particular the ability to recognise and advise about the various interlocutory procedures that are used to prepare a case for hearing.

 

Learning Outcomes

By the conclusion of this course, students who have successfully completed all of the requirements will have the knowledge and skills to:

1.      Identify, explain and apply the fundamental principles and strategies of the law and practice of litigation covered in the course;

2.      Describe and analyse the context of litigation and the policy which underpins design of the justice system in relation to topics covered by the course;

3.      Identify and use a range of legally specific research principles, methods and tools appropriate to respond to a complex litigation scenario and/or issue;

4.      Select and apply a range of approaches to written and oral communication, and apply the critical thinking required to bring about solutions to complex litigation problems and issues;

5.      Access, use, interpret and apply complex statutory material to resolve litigation problems and issues;

6.      Access, use, interpret and apply a range of domestic primary legal resources to solve complex litigation problems;

7.      Plan and conduct a research project, with intellectual independence.

Other Information

This course is best undertaken by students later in their degree.  In particular, students will benefit from an understanding of Corporations Law.

Technology Requirements:
No specific requirements but access to a computer and the internet is recommended.

Indicative Assessment

Research essay, take home exam, tutorial presentation and participation.

The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.

Workload

Four to five teaching hours per week plus at least 6 hours of reading per week.

Requisite and Incompatibility

To enrol in this course you must be studying a program which includes the Bachelor of Laws, completed LAWS1203/LAWS6103 Torts and LAWS1204/LAWS6104 Contracts and must have completed or be completing five 1000 level LAWS courses.

Prescribed Texts

Colbran, Spender, Jackson, Douglas, Civil Procedure: Commentary and Materials, (6th ed) LexisNexis, 2015.

Fees

Tuition fees are for the academic year indicated at the top of the page.  

If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.

Student Contribution Band:
Band 3
Unit value:
6 units

If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees.  Where there is a unit range displayed for this course, not all unit options below may be available.

Units EFTSL
6.00 0.12500
Domestic fee paying students
Year Fee
2016 $3054
International fee paying students
Year Fee
2016 $4368
Note: Please note that fee information is for current year only.

Offerings and Dates

The list of offerings for future years is indicative only

First Semester

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery
2410 15 Feb 2016 26 Feb 2016 31 Mar 2016 27 May 2016 In Person

Responsible Officer: Registrar, Student Administration / Page Contact: Website Administrator / Frequently Asked Questions