- Class Number 4397
- Term Code 2930
- Class Info
- Unit Value 6 units
- Mode of Delivery Online
- Peta Spender
- Dr Kate Ogg
- Class Dates
- Class Start Date 25/02/2019
- Class End Date 31/05/2019
- Census Date 31/03/2019
- Last Date to Enrol 04/03/2019
- Dr Kate Ogg
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.
The teachers in this course have strong track record of research in this area and look forward to hearing from you about your discoveries.
S Colbran, P Spender, S Jackson, R Douglas, Civil Procedure: Commentary and Materials, (6th ed, LexisNexis, 2015). This text will be supplemented by material posted on Wattle.
Students will be given feedback in the following forms in this course:
- written comments
- verbal comments
- feedback to the whole class, to groups, to individuals, focus groups
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). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.
Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties
Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties
Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the interim scaling guideline applies to all courses in the LLB (Hons) and JD programs. Please see: 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 details on weekly classes and any announcements relating to the course.
|Week/Session||Summary of Activities||Assessment|
|1||Lecture 1: Introduction to LDM + Procedural justice Lecture 2: ADR No tutorials|
|2||Lecture 1: ADR + Introduction to civil litigation Lecture 2: The relationship between civil litigation and social justice Tutorial 1|
|3||Lecture 1: Limitation periods Lecture 2: Parties No tutorials|
|4||Lecture 1: Class actions Lecture 2: Case management + Jurisdiction Tutorial 2|
|5||Lecture 1: Jurisdiction (cont.) + Service Lecture 2: Commencing proceedings (1 hour) Tutorial 3|
|6||Lecture 1: Defending proceedings + Preserving the evidence Lecture 2: Q and A session Tutorial 4|
|7||Lecture 1: Pleadings Lecture 2: Pleadings (1 hour) No tutorials|
|8||Lecture 1: Mistakes and amendment + Preliminary discovery Lecture 2: Discovery (1 hour) Tutorial 5|
|9||Lecture 1: Resisting discovery + Early resolution of claims Lecture 2: Early resolution of claims (cont.) (1 hour) Tutorial 6|
|10||Lecture 1: Settlement and costs Lecture 2: Judgment and appeals (1 hour) Tutorial 7|
|11||Lecture 1: Revision and exam preparation Lecture 2: Revision and exam preparation (cont.) (1 hour) Tutorial 8|
|12||Lecture 1: Q and A session No Lecture 2 No tutorials|
The online tutorial will be held 3-4pm on Wednesdays commencing in Week 2. Tutorials are not held every week due to public holidays - see the Summary of Activities below for the schedule of lectures and tutorials. Enrolment in tutorials will be via the course Wattle site. You will find notification on Wattle when this is available. Students should go to http://wattle.anu.edu.au/, complete the student login, and follow the directions.
|Assessment task||Value||Due Date||Return of assessment||Learning Outcomes|
|Wattle Quiz||0 %||04/04/2019||04/04/2019||1|
|Research Essay||40 %||16/04/2019||09/05/2019||1, 2, 5|
|Tutorial participation||10 %||04/03/2019||03/06/2019||1,2,3,4,5|
|Take Home Exam||50 %||06/06/2019||04/07/2019||1, 2, 5|
|JD Masterclasses||0 %||19/05/2019||04/07/2019||1|
* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details
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 Misconduct Rule before the commencement of their course. Other key policies and guidelines include:
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 ANU Online website. Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.
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.
Effective participation in this course requires around 6-8 hours of reading each week.
Preparation and participation in the lectures is a critical element of the learning required in the course. Further, all students are expected to prepare for tutorials and participate in tutorial exercises. Dispute resolvers and litigators need to have high level inter-personal skills, including abilities to converse, interact and persuade. Tutorials are an opportunity to try out and develop such skills.
To further enhance your learning in this course you will ALSO need to regularly access the LDM Wattle site
Assessment Task 1
Learning Outcomes: 1
Details of Task: Students must answer 10 multiple choice questions to be completed within 30 minutes. The questions will focus on knowledge of the terminology, process and rules arising from weeks 1-6.
Nature of the task: Optional, formative assessment.
Release: Monday 1 April 5pm via WATTLE.
Due Date: Thursday 4 April, 10pm via WATTLE. No submissions after the due date will be accepted.
Estimated return date: Automated via WATTLE, on submission.
Assessment Criteria: N/A
Assessment Task 2
Learning Outcomes: 1, 2, 5
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 will be required. 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: The research essay is compulsory. Non-completion of this task will result in a 0 for this assessment task.
Word Limit: 2,500 words
Release: Students may choose a topic from a list that will be made available by 4 pm Tuesday 5 March 2019 on Wattle.
Due Date: Tuesday 16 April 2019 at 4pm.. Students must submit the essay electronically via the Wattle and Turnitin dropboxes on the course Wattle site. Late submissions (without an extension) are permitted, although late penalties will apply.
Estimated Return Date: Within approximately four weeks of the submission date.
- Understanding and discussion of relevant law
- Argument and response to question
- Critical evaluation of material
- Creative and original approach
- Research of primary legal (legislation) and scholarly secondary sources.
- Effective use of words and word limit to address key issues
- Expression and written communication including use of legal terminology, spelling etc.
- Structure including logical development of content/material
- Referencing and compliance with AGLC
Assessment Task 3
Learning Outcomes: 1,2,3,4,5
Details of Task: Students will be assessed by their tutors throughout the tutorial program on their participation in tutorials. Students must attend 6 out of the 8 tutorials to be eligible to receive a participation mark. A roll will be taken at the beginning of each class. It is the student's responsibility to ensure that his/her attendance is duly recorded. Late attendance may result in the student being recorded as absent. Changes between tutorial groups are not permitted. Students attending less than 6 tutorials may apply for a participation mark if there are extenuating circumstances, with supporting evidence to be provided to the Convenor for every missed tutorial.
In each tutorial (except for the first tutorial) a number of students will be designated as discussion leaders. The designation of discussion leaders will be made in the first tutorial. They will be required to identify for the class the issues that have to be addressed to answer the problem and guide the discussion. The discussion leaders are not required to answer the problem – this remains the responsibility of the entire group.
Marks will be awarded for valuable contribution in all of your tutorials including your role as discussion leader. You are expected to prepare in advance for all tutorials by completing all core readings, reflecting upon the material covered and considering the problem questions set for each class in the light of those readings. Original research may be required.
Nature of Task: Compulsory. Failure to participate will result in 0 marks for this task
Due Date: Ongoing
Estimated Return Date: Final tutorial participation marks will be made available to students via Wattle at the end of semester 1. Students can contact their tutor via e-mail after the release of marks to request feedback.
- Demonstration of preparation for class
- Understanding and application of relevant law and concepts
- Amount and value of verbal participation
- Effectiveness of verbal communication and delivery (volume, tone, precision, clarity)
- Questioning and critical approach to class content/material
- ?Contribution to shared student learning environment
Assessment Task 4
Learning Outcomes: 1, 2, 5
Take Home Exam
Details of task: The take-Home examination will be a hypothetical style problem that will test your knowledge of litigation and dispute management. All material covered in lectures and tutorials is examinable. All work on the exam must be completed by the student independently. No consultation is permitted. This will be a take home, open book examination.
Nature of Task: The take home exam is compulsory. Non-completion of this task will result in a 0 for this assessment task.
Release: 1pm on Thursday 6 June via the course Wattle site.
Due Date: 5pm Thursday 6 June via the Turnitin and Wattle dropboxes.No submissions after the due date will be accepted for examinations.
Duration: You will have 4 hours to complete the exam. The hypothetical has been designed to be answerable in three hours but we have provided you with extra time to plan your answer, type a response and upload the response to Wattle.
Word Limit: 2,800 words (Please note that you do not have to write 2,800 words; the questions can be adequately answered in fewer words).
Estimated return date: After final results are released.
- Selects relevant issues
- Understanding and discussion of relevant law
- Analysis of relevant facts
- Persuasiveness of arguments
- Formulation of strong and clear conclusion(s) and advice about outcomes.
Assessment Task 5
Learning Outcomes: 1
We will offer 2 optional masterclasses for JDs on conducting a mediation and running an interlocutory application in court. The masterclasses are designed to enhance the material learned in lectures and tutorials through practical exercises. You will need to attend in person to participate.
The mediation masterclass will be held during the weekend afternoons of Saturday 30 March 2019 and repeated on Sunday 31 March 2019. The interlocutory application masterclass will be held in the weekend afternoons of Saturday 18 May 2019 and repeated on Sunday 19 May 2019.
A notice will be placed on Wattle in Week 2 about enrolling in the masterclasses. You may enrol in either or both of the masterclasses. The numbers of students in each of the masterclasses will be limited to allow for activities but we reserve the right not to proceed with a masterclass if the numbers are too low.
Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.
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. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.
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.
No submission of assessment tasks without an extension after the due date will be permitted. If an assessment task is not submitted by the due date, a mark of 0 will be awarded.
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 take-home examinations.
Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.
Extensions and Penalties
Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions 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.
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 Diversity 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 undergraduate and ANU College students
- PARSA supports and represents postgraduate and research students
Litigation, Social Justice, Corporate Law, Financial Markets Law
Dr Kate Ogg