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.

This course meets the requirements of the Law Admissions Consultative Committee Prescribed Academic Areas of Knowledge for Civil Dispute Resolution. 

This course meets the following requirements of the Law Admissions Consultative Committee Prescribed Academic Areas of Knowledge for Equity:

• injunction
• declaration

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Synthesise and apply the fundamental legal principles and strategies relevant to practice of litigation and dispute management.
2. Critically analyse the context of litigation and the policy which underpins procedural justice, with reference to a diverse range of perspectives.
3. Select and apply a range of legally specific principles, methods and tools to evaluate and solve a factually complex litigation scenario and/or issue.
4. Generate persuasive arguments In response to complex litigation problems and issues.

Required Resources

Stephen Colbran, Peta Spender and Tania Penovic, Civil Procedure: Commentary and Materials (LexisNexis, 8th ed, 2022).

A full list of readings will also be made available on Wattle two weeks prior to the course commencement date.

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/current-students/policies-procedures/grading

Further information about the course: is available from the course Wattle page. Students are required to access the Wattle site regularly throughout the course for any announcements relating to the course.

Artificial Intelligence (AI): The ANU Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies. The following resources may also be useful:

• The ANU Library's Libguide is a valuable resource for gaining a comprehensive understanding of AI's role in academia.
• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.
• The ANU College of Law Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction to LDM; Strategic litigation in Australia
2	Dispute Management	Tutorial 1
3	Limitation Periods, Introduction to Jurisdiction
4	Parties	Tutorial 2
5	Originating processes	Online practice test
6	Interlocutory Injunctions	Tutorial 3
7	Pleadings
8	Discovery	Tutorial 4
9	Defending proceedings, Mistake and amendment
10	Settlement, Ending proceedings 'early'	Tutorial 5
11	Judgment, Appeal
12	Costs, Enforcement	Tutorial 6Research Task Due (Essay or Moot)
13		End of Semester Exam

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials / seminars so they can better plan their time. Find out more on the My Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Learning Outcomes
Online Practice Test	0 %	*	1,2
Research Task Option A - Moot	40 %	20/05/2024	1,2,3,4
Research Task Option B - Legal Research Essay	40 %	20/05/2024	1,2,3,4
Final Examination	60 %	*	1,2,3,4

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Guideline and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using 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. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Examination(s)

Examinations are held during the University's examination period. Students are to consult the exam timetable when it has been finalised.

Assessment Task 1

Online Practice Test

Details of Task: This practice test will be a series of questions based on a hypothetical scenario presented to you online via Wattle and will ask you to apply your knowledge of the terminology, process and rules arising from lectures and tutorials in weeks 1-4 (inclusive).

Nature of Task: Optional. This assessment task is designed to give students an opportunity to receive feedback on their progress in the course.

Weighting: 0%

Release: 5pm, Tuesday 19 March 2024

Due Date: The optional online practice test will remain open for attempts throughout the course teaching period. As this practice test is open for more than 24 hours, no time adjustments or extensions shall be applied for this task.

Estimated Return Date: Feedback will become available from 5pm on 25 March 2024.

Assessment Criteria:

• Selects relevant issues
• Understanding and application of relevant law
• Analysis of relevant facts

Assessment Task 2

Research Task Option A - Moot

Students must choose to do either A. the Moot or B. the Essay. If you sign up to do the Moot, you can withdraw on Wattle at any time before 5pm, 29 April 2024 (Week 9). You are not allowed to withdraw from the moot and elect to do the essay after this date. If you do wish to withdraw, you must remove your name from the Wattle sign up sheet. Please contact enquiries.law@anu.edu.au if you require assistance with this. Irrespective of the form of research task that you choose, you will be expected to conduct your own research. This may mean that you need to read and understand topics that were not covered in the course, or only addressed in the course briefly.

A. Moot

Details of Task: You will be asked to prepare a 15-minute oral submission for the applicant and respondent in a mock interlocutory application. You will not know whether you are representing the applicant or respondent until the moot commences. You may reserve time for submissions in reply. This is not a group work exercise. There will be no senior and junior counsel, just a single student making all of the submissions on behalf of the applicant and a single student making all of the submissions on behalf of the respondent. The number of students who can elect to do the moot is capped at 40 across LAWS2244 and LAWS6244. A sign up sheet will be released at 5pm, 12 March 2024 (Week 4) and spots will be given on a 'first in' basis.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task, unless you have elected to undertake Option B. the Essay.

Weighting: 40%

Release: 5pm, 4 March 2024 (Week 3)

Due Date: All moots will be held in Week 12 (20 - 24 May 2024). When you sign up in Week 4, you will be able to indicate a time and date that suits you.

If you experience unavoidable and extenuating circumstances and cannot attempt the assessment on the due date and time, you should apply for an extension here. The College will give you one opportunity to sit the moot, at the same time one week later. This will be your final opportunity to sit the moot. 

Estimated Return Date: Official end of semester results release date. However, feedback will be given to you orally after your moot and it will be recorded.

Assessment Criteria:

1. Selects relevant issues
2. Understanding and application of relevant law
3. Analysis of relevant facts
4. Persuasiveness of arguments
5. Oral advocacy skills
6. Ability to respond to questions
7. Responsiveness to arguments for the other side
8. Research skills demonstrated

Assessment Task 3

Research Task Option B - Legal Research Essay

Students must choose to do either A. the Moot or B. the Essay. If you sign up to do the Moot, you can withdraw on Wattle at any time before 5pm, 29 April 2024 (Week 9). You are not allowed to withdraw from the moot and elect to do the essay after this date. Irrespective of the form of research task that you choose, you will be expected to conduct your own research. This may mean that you need to read and understand topics that were not covered in the course, or only addressed in the course briefly.

B. Research Essay

Details of Task: The research essay will require students to conduct independent research that investigates a theme, issue or policy underlying the principles of dispute resolution or civil procedure. Original research is expected. Some topics deal with material towards the end of the course, therefore it may be necessary for students to read ahead of the lectures. Essays must include a bibliography, which is excluded from the word count.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task, unless you have elected to undertake Option A. the Moot.

Weighting: 40%

Release: 5pm, 4 March 2024 (Week 3)

Word Limit: 2,000 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted. Footnotes should be used for referencing of sources. Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. A bibliography must be included.

Due Date: 5pm, 20 May 2024. Late submissions (without an extension) are permitted, although late penalties will apply.

Estimated Return Date: Official end of semester results release date.

Assessment Criteria:     

1. Understanding and discussion of relevant law
2. Argument and response to question
3. Critical evaluation of material
4. Creative and original approach
5. Research of primary legal (legislation/ case law) and scholarly secondary sources.
6. Effective use of words and word limit to address key issues
7. Expression and written communication including use of legal terminology, spelling etc.
8. Structure including logical development of content/material
9. Referencing and compliance with AGLC including a bibliography

Assessment Task 4

Final Examination

Details of Task: The final exam will be based on a hypothetical scenario, and questions will ask you to apply your knowledge of the terminology, process and rules arising from lectures and tutorials covered in weeks 1 -12 (inclusive). All work on the examination must be completed by the student independently. No consultation or collaboration is permitted.

Nature of Task: Compulsory and non-redeemable. Failure to sit the exam will result in a mark of zero for this task.

Weighting: 60%

Exam Time, Date and Duration: The exam will take place during the end-of-semester exam period. Students should consult the ANU Examination Timetable closer to the examination period to confirm the final time, date and duration of the examination. Because this is a formal examination, late submissions will not be accepted. 

If you experience extenuating circumstances and are unable to sit the examination at its scheduled time and date, you should submit an Extenuating Circumstances Application (ECA), via ISIS, within five working days of the original date of the examination. Your application will be processed by the Examinations Office. If it is approved, they will notify you, via email, of the details of your deferred examination which will be held during the first week of the following semester.

Estimated Return Date: Official end-of-semester results release date.

Assessment Criteria:

1. Selects relevant issues
2. Understanding and discussion of relevant law
3. Analysis of relevant facts

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
• Late submission is not accepted for tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Access and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students