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:

1. Define, explain, distinguish and apply dispute resolution strategies and concepts;
2. Generate and refine persuasive and coherent arguments regarding disputes of procedural law;
3. Reflect and theorise on the relationship between procedural and substantive justice;
4. Critically assess the civil litigation system with reference to access to justice and social justice;
5. Debate contentious points of procedural law with reference to doctrine, strategy and policy.

Research-Led Teaching

The convenor started her career as a litigation lawyer at Mallesons Stephen Jaques (now King and Wood Mallesons). Since becoming an academic her research focuses on refugee and human rights law and, in particular, strategic litigation in these areas. Her forthcoming book with Cambridge University Press examines strategic litigation brought by refugees in Africa, Europe, North America and the Asia-Pacific region.

Required Resources

R Douglas, S Colbran, P Spender, S Jackson, Civil Procedure: Commentary and Materials, (7th ed, LexisNexis, 2019). This text will be available online via the ANU Library.

Staff Feedback

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

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). 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.

Other Information

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

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

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

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.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Lecture 1: Introduction to LDM; Strategic litigation in Australia Lecture 2: Critical perspectives on LDM; Decolonising LDM No tutorials
2	Alternative dispute resolution No tutorials
3	Limitation periods No tutorials
4	Parties Tutorial One
5	Jurisdiction Tutorial Two
6	Pleadings No tutorials	Assessment 1 (online quiz)
7	Commencing proceedings No tutorials
8	Defending proceedings Tutorial Three
9	Mistakes and amendment No tutorials
10	Discovery No tutorials
11	Ending proceedings early Tutorial Four
12	Judgment, appeal and enforcement Tutorial Five	Assessment tasks 3 and 5 due

Tutorial Registration

Enrolment in tutorials will be via the course Wattle site. The majority of tutorials will be released two weeks prior to the start of semester, with a few to be added subject to enrollment numbers. Please check Wattle frequently for more information. Students should go to http://wattle.anu.edu.au/, complete the student login, and follow the directions.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Wattle Quiz 1	20 %	31/03/2021	31/03/2021	1
Wattle Quiz 2	30 %	09/06/2021	01/07/2021	1
Moot	50 %	24/05/2021	01/07/2021	1,2,3,4,5
Take-home Examination	50 %	*	01/07/2021	1,2,3,4,5
Research Essay	50 %	24/05/2021	01/07/2021	1,2,3,4,5

* 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 Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

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 ANU Online 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

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

Wattle Quiz 1

Details of Task: Students must answer 10 multiple choice questions to be completed within a 24 hour period. The questions will focus on knowledge of the terminology, process and rules arising from weeks 1-5. Once a student start the quiz, they will have 50 minutes in which to answer the questions.

Nature of the task: Compulsory 

Weighting: 20%

Release: Tuesday 30 March 2021, 5pm via WATTLE.

Due Date: Wednesday 31 March 2021, 5pm via WATTLE. If you experience unavoidable and extenuating circumstances and cannot complete the quiz at the due date and time, you should apply for an extension to the College of Law student admin team here: https://law.anu.edu.au/forms/assessment-extension-request. The College will give you one further opportunity to complete the quiz, at the same time one week later. This will be your final opportunity to complete the quiz.

Estimated return date: After all eligible students have completed the quiz. 

Assessment Criteria:

• Correct understanding and application of relevant law

Assessment Task 2

Wattle Quiz 2

Details of Task: Students must answer 15 multiple choice questions to be completed within a 24 hour period. The questions will focus on knowledge of the terminology, process and rules arising from weeks 5-12. Once a student start the quiz, they will have 75 minutes in which to answer the questions.

Nature of the task: Compulsory 

Weighting: 30%

Release: Tuesday 8 June 2021, 5pm via WATTLE. If you experience unavoidable and extenuating circumstances and cannot complete the assignment at the due date and time, you should apply for an extension to the College of Law student admin team here: https://law.anu.edu.au/forms/assessment-extension-request. The College will give you one further opportunity to complete the quiz, at the same time one week later. This will be your final opportunity to complete the quiz.

Due Date: Wednesday 9 June 2021, 5pm via WATTLE.

Estimated return date: With the release of final results.

Assessment Criteria:

• Correct understanding and application of relevant law

Assessment Task 3

Moot

Details of Task: You will be asked to prepare twenty minute oral submissions 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 starts. You may reserve time for rebuttal and sur-rebuttal. 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 12noon Tuesday 9 March and spots will be given on a first in best dressed basis.

Nature of Task: Optional. Students must choose to do either the Moot, the Take-Home Examination, OR the Research Essay. If you sign up to do the Moot you can withdraw on Wattle any time before Monday 3 May 2021 4pm. You are not allowed to withdraw and elect to do Assessment Task 4 or 5 after this date.

Weighting: 50%. As the weighting is more than 10% the moot will be on Zoom and recorded in accordance with university policy.

Release: Wednesday 31 March 4pm

Due Date: The moots will be held in week 12. When you sign up in week 3 you will be able to elect a time and date that suits you.

Estimated return date: After final results are released. However, feedback will be given to you orally after your moot and will be recorded.

Assessment Criteria:

• Selects relevant issues
• Understanding and application of relevant law
• Analysis of relevant facts
• Persuasiveness of arguments
• Oral advocacy skills
• Ability to respond to questions
• Responsiveness to arguments for the other side

Assessment Task 4

Take-home Examination

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: Optional. Students must choose to do either the Moot, the Take-Home Examination, OR the Research Essay.

Release: See the end of semester ANU examination timetable. The paper will be released via the course Wattle site.

Duration: 2.5 hours. The paper will be submitted via Turnitin. No submission after the due date/time is permitted for take-home exams.

Word Limit: 3,000 words (Please note that you do not have to write 3000 words; the questions can be adequately answered in fewer words). 

Weighting: 50%

Estimated return date: After final results are released.

• Assessment Criteria:
• 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

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 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: Optional. Students must choose to do either the Moot, the Take-Home Examination, OR the Research Essay.

Weighting: 50%

Word Limit: 3,000 words

Release: Students may choose a topic from a list that will be made available by 5pm Friday 5 March on Wattle.

Due Date: Monday 24 May 5pm via Turnitin. Late submissions (without an extension) are permitted, although late penalties will apply.

Estimated Return Date: After final results are released.

Assessment Criteria:     

• 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

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to 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 be familiar with the academic integrity principle and Academic Misconduct Rule, 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 Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

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. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

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 take-home examinations.

Referencing Requirements

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. 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.

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 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