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.
Upon successful completion, students will have the knowledge and skills to: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.
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 InformationThis course is best undertaken by students later in their degree. In particular, students will benefit from an understanding of Corporations Law.
No specific requirements but access to a computer and the internet is recommended.
Indicative AssessmentResearch 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.
WorkloadFour teaching hours per week plus at least 6 hours of reading per week.
Requisite and Incompatibility
Prescribed TextsColbran, Spender, Jackson, Douglas, 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.