This course examines how disputes are dealt with as they progress towards hearing by a court. It looks at techniques of dispute resolution with a focus upon litigation. The course is compulsory for both the LLB and the JD and its successful completion is required by the Supreme Court if a student seeks to be admitted as a barrister or solicitor.
This course not only explains how cases get to a court hearing and what the court expects the parties to do to prepare the matter for hearing, it also examines how disputation is processed en route and looks at the broader policy questions which underpin the design of the justice system.
This course is taught late in the LLB/JD degrees and it is taught with the expectation that you have a good understanding of earlier substantive law courses such as Tort and Contract. It is possible to undertake the Property and Corporations Law courses alongside this course but you should stay up to speed in those courses otherwise you will get lost in this course. This course is complementary with the Evidence course as the two areas of knowledge are dealt with together in practice. Often the procedures dealt with in this course will provide a gateway to aspects of your studies in Evidence. However Evidence and LDM are independent courses; the order in which you do them is unimportant.
Upon successful completion, students will have the knowledge and skills to:• Define, explain, distinguish and apply dispute resolution strategies and concepts.
• Generate and refine persuasive and coherent arguments regarding disputes of procedural law.
• Reflect and theorise on the relationship between procedural and substantive justice.
• Critically assess the civil litigation system with reference to access to justice and social justice.
• Debate contentious points of procedural law with reference to doctrine, strategy and policy.
• Demonstrate a critical understanding of the range of dispute resolution processes.
• Demonstrate specialised knowledge of the current issues in dispute resolution
• Demonstrate an expert understanding of the principles underpinning civil litigation
• Demonstrate an ability to assess and evaluate strategies to progress a case to court.
Indicative AssessmentResearch essay, masterclass, tutorial presentation and participation.
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WorkloadFour teaching hours per week plus at least 6 hours of reading per week.
Requisite and Incompatibility
Prescribed TextsS Colbran, P Spender, S Jackson, R Douglas (with M O’Brien), Civil Procedure: Commentary and Materials, (6th ed) LexisNexis, 2015.
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:
- 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.
Offerings, Dates and Class Summary Links
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
|Class number||Class start date||Last day to enrol||Census date||Class end date||Mode Of Delivery||Class Summary|
|3720||19 Feb 2018||27 Feb 2018||31 Mar 2018||25 May 2018||In Person||N/A|