This course has been designed for lawyers who practice in, or who desire to practice in Federal Litigation.

This course will teach students how to apply the Federal Court Rules 2011 when commencing and conducting federal court litigation. The course includes the legal requirements and the following important principles of Federal Court litigation:

•   The Civil Dispute Resolution Act 2011

•   Pleadings

•   Class Actions

•   Applications to the Court on the Papers Active Case Management

•   Complex Litigation and Discovery

•   Errors of Law

•   Appointing an Expert Witness.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Describe, apply and have an understanding of Federal Court practice and procedure under the Federal Court Rules 2011
2. Demonstrate an ability to draft a Federal Court Originating Application or a Notice of Appeal in accordance with the Rules and case law.
3. Critically analyse and evaluate pleadings.
4. Identify an error of law in a judgment.
5. Summarise, analyse and debate complex litigation and discovery according to the Federal Court Rules 2011 and current case law.
6. Interpret, analyse and draft an Advice to a client relating to a Federal Court Originating Application or a Notice of Appeal.
7. Hypothesise and critically discuss the process for ensuring Federal Court Litigation is conducted according to Federal Court Rules 2011, current case law and according to active case management within the Federal Court.

Research-Led Teaching

John’s practice at the Bar requires an up to date knowledge of practice and procedure and case law. Although the Course is updated annually students should ensure that the current law applies when undertaking assessments. Any major changes during the course will be announced on Wattle.

Required Resources

There is no prescribed text.

The Wattle course site contains a number of extracts of relevant materials and links to other resources.

Recommended Resources

Students may wish to familiarise themselves with the Federal Court Rules 2011 and the Civil Dispute Resolution Act 2011.

Staff Feedback

You will be given written and/or oral feedback pointing out things that have been done well and those that could be done better or differently. You will be given written or oral feedback following any submission of an assessment. This is typically available 1-4 weeks after submission of the assessment. You may seek further elaboration on any feedback - either from your marker or by the Convenor. If you feel that your feedback and grade does not reflect your performance, please contact the Convenor in writing and outline your concerns. Your submission will be re-marked by a new examiner.

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

External Resources

Information about the ANU Law Library, including details of E-Legal research online resources (for example, CCH Intelliconnect, Legal Online, LexisNexisAU, etc) is available to ANU students and can be found at http://anulib.anu.edu.au/subjects/law. For access to the online resources please go to: http://virtual.anu.edu.au then type in your student number and password. At various points throughout the course you will be directed to other useful external resources.

ANU Library

All enrolled ANU students can access the ANU databases (including the full-text databases such as Westlaw) through the ANU Library webpage http://anulib.anu.edu.au/lib_home.html

Opening hours for the Law Library can be accessed at http://anulib.anu.edu.au/using-the-library/opening-hours/.

To access restricted ANU web pages from home as though coming from a computer on campus you need the Reverse Proxy Server known as ‘Virtual’. You can access

virtual through http://virtual.anu.edu.au/login. Students living near another law school may need to access print resources from their local school. ANU students can use these collections through the University Library Australia national borrowing scheme. The scheme allows people who are enrolled at a university in one city to access university libraries in another city at a reduced rate. For further information see http://www.caul.edu.au/caul-programs/university-library-australia.

Students who wish to participate in this scheme need to join at the library they wish to access material from. The cost of the scheme is $50 per academic year. The ANU document delivery service is available for remotely located students in non-capital cities. For further information see https://anulib.anu.edu.au/using-the-library/document-supply-services/.

The ANU Library Off-Campus Service is available to students who live more than 60 kilometres from the ANU campus at Acton, ACT. Before using the service for the first time, you will need to complete the online User Agreement Form. You will then be able to request a book, table of contents, chapter or article using the request forms on the Off-Campus Service web pages. For further information see http://anulib.anu.edu.au/offcampus/.

Referencing Requirements

Where required, students must use footnotes for referencing and the Australian Guide to Legal Citation (http://www.law.unimelb.edu.au/mulr/aglc) for the citation style. 

Word Limits

The method of calculation of word length for assessment pieces in this course is a global word count. This means that when calculating the number of words of a piece of assessment students must include all headings, text, and footnotes (excluding bibliography). Students should calculate this using Microsoft Word’s word count function or equivalent. The default penalty is as follows: the mark which is awarded initially will be reduced by half the proportion by which the word limit has been exceeded. As an example, if the word limit is 2,000 words, and the essay submitted is 3,000 words long, then the initial mark for the essay would be reduced by 25% of that mark.

Papers which fall short of words will not be penalised on that basis alone. However, short papers risk failing to address the question adequately.

Sub-Dean, GDLP/MLP

The GDLP/MLP Sub-Dean can be contacted via email on subdean.slp@anu.edu.au

Wellbeing Support Services for Lawyers

You will find wellbeing support information for lawyers on the ANU School of Legal Practice website. We also encourage you to read Being Well in the Law – a guide for lawyers which is a toolkit is provided by the NSW Law Society, written by our ANU Academics.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	The Civil Dispute Resolution Act 2011	Discussion Post & Exercise 1 due: Friday, 26 February 2021 5.00pm (AEDT). The topics for Discussion Post & Exercise 2 will be released
2	Pleadings	Discussion Post & Exercise 2 due: Friday, 5 March 2021 5.00pm (AEDT). The topics for Discussion Post & Exercise 3 will be released
3	Class Actions	Discussion Post & Exercise 3 due: Friday, 12 March 2021 5.00pm (AEDT). The topics for Discussion Post & Exercise 4 will be released
4	Applications to the Court on the Papers	Discussion Post & Exercise 4 due: Friday, 19 March 2021 5.00pm (AEDT). The topics for Discussion Post & Exercise 5 will be released
5	Active Case Management	Discussion Post & Exercise 5 due: Friday, 26 March 2021 5.00pm (AEDT). The topics for Discussion Post & Exercise 6 will be released
6	Costs	Discussion Post & Exercise 6 due: Friday, 2 April 2021 5.00pm (AEDT). The topics for Discussion Post & Exercise 7 will be released
7	Complex Litigation and Discovery	Discussion Post & Exercise 7 due: Friday, 23 April 2021 5.00pm (AEST). The topics for Discussion Post & Exercise 8 will be released Assessment 3: Drafting and Advice instructions will be posted on Wattle on Friday, 23 April 2021.
8	What is an Error of Law	Discussion Post & Exercise 8 due: Friday, 30 April 2021 5.00pm (AEST). The topics for Discussion Post & Exercise 9 will be released
9	Appointing an Expert Witness	Discussion Post & Exercise 9 due: Friday, 7 May 2021 5.00pm (AEST). The topics for Discussion Post & Exercise 10 will be released
10	Applications and Notices of Appeal	Discussion Post & Exercise 10 due: Friday, 14 May 2021 5.00pm (AEST).
11	Draft an Originating Application or Notice of Appeal and an Advice
12	Draft an Originating Application or Notice of Appeal and an Advice cont'd...	Assessment 3 due: Friday, 28 May 2021 11.55pm (AEST).

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
10 Weekly Exercises (40%)	40 %	14/05/2021	28/05/2021	1, 2, 3, 4, 5, 6 7
On-Line Discussion Forum (10 Posts) (10%)	10 %	14/05/2021	28/05/2021	1, 4, 7
Essay (50%)	50 %	28/05/2021	25/06/2021	1, 2, 3, 4, 5, 6, 7

* 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

You must complete & submit ALL assessment tasks in order to pass this course.

You must check Wattle course announcements and forum discussions as well as your ANU email at least every 24-48 hours.

All email correspondence from the ANU will be sent to your ANU email address. You may arrange for your ANU Email to be forwarded to an email address you check daily.

Alternatively, set your personal setting to provide you with all the reminders you need to achieve this. At the end of the day, it is your responsibility to ensure you are actively committed and involved in this course.

The course will be conducted in the following time zones (Canberra time). 

• Australian Eastern Daylight Time (AEDT): until 3 April 2021.
• Australian Eastern Standard Time (AEST): from 4 April 2021.

Please make appropriate adjustments if you are located in a different time zone.

Assessment Task 1

10 Weekly Exercises (40%)

Format: A short exercise each week for ten weeks on individual topics

Submission Date:

Week 1: Friday, 26 February 2021 5.00pm (AEDT).

Week 2: Friday, 5 March 2021 5.00pm (AEDT).

Week 3: Friday, 12 March 2021 5.00pm (AEDT).

Week 4: Friday, 19 March 2021 5.00pm (AEDT).

Week 5: Friday, 26 March 2021 5.00pm (AEDT).

Week 6: Friday, 2 April 2021 5.00pm (AEDT).

Week 7: Friday, 23 April 2021 5.00pm (AEST).

Week 8: Friday, 30 April 2021 5.00pm (AEST).

Week 9: Friday, 7 May 2021 5.00pm (AEST).

Week 10: Friday, 14 May 2021 5.00pm (AEST).

(Please note: The Due Date listed in the Assessment Summary is the date relating to the due date of Week 10 submission. For the due dates for Weeks 1 - 9, please refer to the information above).

Length: The total word length for each weekly exercises should not exceed 250 words.

Estimated Date of Results: Friday, 28 May 2021.

Assessment Criteria:

Understanding of the Issues

• addresses the question
• evidence of consideration of the question
• material chosen relates clearly to the topic and is analysed, not just summarised or quoted

Extensively Argument/Analysis

• originality of ideas and analysis of the material
• suggestions for change where appropriate
• consideration of opposing arguments
• adherence to word limit

Assessment Task 2

On-Line Discussion Forum (10 Posts) (10%)

Format: Students are required to take part in the on-line discussion forum on WATTLE. Failure to take part in the forum will result in a fail.

Submission Date:

Week 1: Friday, 26 February 2021 5.00pm (AEDT).

Week 2: Friday, 5 March 2021 5.00pm (AEDT).

Week 3: Friday, 12 March 2021 5.00pm (AEDT).

Week 4: Friday, 19 March 2021 5.00pm (AEDT).

Week 5: Friday, 26 March 2021 5.00pm (AEDT).

Week 6: Friday, 2 April 2021 5.00pm (AEDT).

Week 7: Friday, 23 April 2021 5.00pm (AEST).

Week 8: Friday, 30 April 2021 5.00pm (AEST).

Week 9: Friday, 7 May 2021 5.00pm (AEST).

Week 10: Friday, 14 May 2021 5.00pm (AEST).

(Please note: The Due Date listed in the Assessment Summary is the date relating to the due date of Week 10' submission. For the due dates for Weeks 1 - 9, please refer to the information above).

Length: Posts do not have minimum word requirement. However, posts cannot exceed 300 words as this is a discussion forum.

Estimated Date of Results: Friday, 28 May 2021.

Assessment Criteria: A discussion with fellow students having regard to the weekly topic.

The forum post should include thinking critically about the material:

• looking at questions from different angles
• questioning assumptions
• discussing differing opinions 

Engaging with other students in the discussion

• including encouraging others to speak
• responding to what other have said
• being respectful for a range of views and opinions

If possible, linking material with your own background and knowledge which involves relating the material to your own personal and professional experience.

Students will receive 1 mark for each of the 10 forum topics where the student has submitted a post in the forum, and where the post engages in a discussion relevant to the weekly forum.

Assessment Task 3

Essay (50%)

Format: Essay

Topic Release Date: Friday, 23 April 2021.

Submission Date: Friday, 28 May 2021 11.55pm (AEST).

Length: 4,000 words.

Estimated Date of Results: Friday, 25 June 2021.

Assessment Criteria:

Drafting a Federal Court Process

• research and use of the correct court form/s
• inclusion of all court forms required to commence the process under the Rules
• clear and precise pleadings drafted in accordance with the correct principles of law
• good organisation of process and pleadings

Content

• answering the question asked
• analysis and identification of the legal issues raised from the questions
• legal principles states/explained and debated with accuracy
• relevant facts recognized, analysed and debated with regard to the legal principles
• Analysis, discussion and debate where a set of facts change
• recognition and evaluation of judicial and statutory ambiguities and ‘grey areas’
• originality/innovation in approach to issues
• clear conclusions

Research

• research covering primary and secondary materials
• good organisation of sources and ability to synthesise all the research materials used
• use of theoretical material where appropriate
• range of research sources
• integration of material from research resources into the essay

Structure/organisation

• emphasis on the significant issues
• answer is coherent and structure logical

Expression

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes together with a bibliography where appropriate
• style according to Australian Guide to Legal Citation where appropriate
• adherence to word limit

Communication and Development of Arguments

• clear theme or argument
• arguments logical and well-organised
• ideas/paragraphs linked coherently

Argument/Analysis

• originality of ideas and critical analysis of the material
• complexity and insight in dealing with theory/ideas
• suggestions for change where appropriate
• interdisciplinary perspective where appropriate
• addressing opposing arguments
• well-reasoned conclusions 

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 may be required to submit an assessment either through:

1. Wattle dropbox and Turnitin, or
2. Wattle dropbox only, or
3. Turnitin only.

Please read the instruction for each assessment carefully.

Where assessments are to be submitted using Turnitin in the course Wattle site, you will be required to electronically sign a declaration as part of the submission of your assessment.

Where assessments are to be submitted using Wattle dropbox in the course Wattle site, you will be required to electronically sign a declaration, by tick boxes, as part of the submission of your assessment. If you fail to do this, you assessment will be recorded as a draft only. This may affect its acceptance as a submitted assessment.

Please keep a copy of all your assessments for your records.

Assessments must be submitted in the format identified in the assessment instructions, for example, in accordance with relevant court or tribunal requirements; usual contract or will formats or advice format.

Research essays, reflective comments or similar documents must be submitted in 12-point font, double-spaced, formatted for A4-size paper, and with pages numbered. 

Hardcopy Submission

No hard copy submission will be accepted in this class.

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

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.

Returning Assignments

Your written work will receive feedback and grading via the course Wattle site under the corresponding assessment drop box. Assessment results are typically available between 1-2 weeks after the due date via the same dropbox your assessments were submitted to. The Convenor will post announcements about when you can expect your assessment results.

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.

Resubmission of Assignments

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