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.
Learning Outcomes
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.
Indicative Assessment
- Research essay, masterclass, tutorial presentation and participation. (null) [LO null]
In response to COVID-19: Please note that Semester 2 Class Summary information (available under the classes tab) is as up to date as possible. Changes to Class Summaries not captured by this publication will be available to enrolled students via Wattle.
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Workload
Classes offered during semester periods are expected to have 3 contact hours per week (a minimum of 36 hours). Students are generally expected to devote at least 10 hours overall per week to this course.
Inherent Requirements
Not applicable
Requisite and Incompatibility
Prescribed Texts
S Colbran, P Spender, S Jackson, R Douglas (with M O’Brien), 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:
- 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 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2020 | $4830 |
- International fee paying students
| Year | Fee |
|---|---|
| 2020 | $6420 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.