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.

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.

Recommended Resources

A recommended reading list for the topics in the course will be provided to students via an e-brick.

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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

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: 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 and updates relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction to LDM; Strategic litigation in Australia	Tutorial 1
2	Alternative dispute resolution Masterclass #1 (3/3/2022 at 5pm)	Tutorial 2A
3	Limitation Periods	Tutorial 2B
4	Parties	Tutorial 3A
5	Jurisdiction Masterclass#2 (TBC)	Tutorial 3B
6	Pleadings	Tutorial 4A Assessment 1 (mid semester exam)
7	Commencing proceedings	Tutorial 4B
8	Defending proceedings	Tutorial 5A
9	Mistakes and amendment	Tutorial 5B
10	Discovery	Tutorial 6A
11	Ending proceedings early	Tutorial 6B
12	Judgment, appeal and enforcement	Tutorial 7 Assessment Task 2, 3 or 4 (Moot/ Essay/ Problem assignment) due
13		Assessment Task 5 (End of semester exam) Assessment Task 6 (Tutorial Engagement)

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 enrolment 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
Mid Semester (Online) Test	20 %	25/03/2022	08/04/2022	1,3
Research Task Option A - Moot	50 %	*	*	1,2,5
Research Task Option B - Legal Research Assignment	50 %	23/05/2022	*	1,2,5
Research Task Option C - Research Essay	50 %	23/05/2022	*	1,2,5
Final (Online) Exam	20 %	*	*	1,4
Tutorial Engagement	10 %	06/06/2022	*	1

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

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Guideline and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

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 Academic Skills 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

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Examination(s)

This course will have a mid semester and an end of semester exam. Please note that the date for the tests are indicative only. Students should consult the examinations timetable when it has been released to confirm the date and time.

Assessment Task 1

Mid Semester (Online) Test

Details of Task: The (online) test will include both multiple choice and/ or short answer questions. The questions will be based on a hypothetical scenario presented to you, and you will be asked to apply your knowledge of the terminology, process and rules arising from lectures and tutorials in weeks 1-5. All work on the test must be completed by the student independently. No consultation or collaboration is permitted. .

Nature of the Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 20%

Duration: 60 minutes

Release Date: 1 pm Friday 25 March 2022 via Wattle.

Due Date: 2pm Friday 25 March 2022. The online test will be released via Wattle. If you experience unavoidable and extenuating circumstances and cannot complete the assessment at the due date and time, do not access the assessment and you should apply for an extension to the ANU College of Law Student and Education Services Team: https://law.anu.edu.au/forms/assessment-extension-request. The College will give you one further opportunity to complete the assessment, at the same time one week later. This will be your final opportunity to complete the task. If you have accessed the assessment, you will not be approved an extension and will need to complete the assessment by the due date.However you can apply for special consideration for your circumstances to be considered.

Estimated return date: 8 April 2022.

Assessment Criteria:

• Selects relevant issues
• Understanding and application of relevant law
• Analysis of relevant facts

Assessment Task 2

Research Task Option A - Moot

Students must choose to do either A. the Moot, or B. the Take-Home Assignment, OR C. the Essay. If you sign up to do the Moot you can withdraw on Wattle any time before Monday 2 May 2022 4pm. You are not allowed to withdraw from the moot and elect to do the essay or assignment after this date. ?If you withdraw, you must remove your name from the Wattle sign up sheet. Please contact llbjd.coursesupport@anu.edu.au if you require assistance with this. Irrespective of the form of research task that you choose, you will be expected to conduct your own research. This may mean that you need to read and understand topics that were not covered in the course, or only addressed in the course briefly.

A. Moot

Details of Task: You will be asked to prepare a 20 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 12 noon Monday 9 March and spots will be given on a first in best dressed basis.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task unless you have elected to undertake Option B. the Take-Home Assignment, OR Option C. the Essay.

Weighting: 50%.

Release Date: 5pm, Tuesday 1 March 2022 via Wattle.

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. If you experience unavoidable and extenuating circumstances and at the due date and time, you should apply for an extension to the ANU College of Law Student and Education Services here:

https://law.anu.edu.au/forms/assessment-extension-request

The College will give you one opportunity to sit the quiz, at the same time one week later. This will be your final opportunity to sit the quiz. 

Estimated return date: Official end of semester results release date via Turnitin. 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
• Research skills demonstrated

Assessment Task 3

Research Task Option B - Legal Research Assignment

Students must choose to do either A. the Moot, or B. the Take-Home Assignment, OR C. the Essay. If you sign up to do the Moot you can withdraw on Wattle any time before Monday 2 May 2022 4pm. You are not allowed to withdraw from the moot and elect to do the essay or assignment after this date. Irrespective of the form of research task that you choose, you will be expected to conduct your own research. This may mean that you need to read and understand topics that were not covered in the course, or only addressed briefly.

B. Take home research assignment

Details of task: The take-home assignment will test your research skills, and your knowledge of litigation and dispute management rules and procedures . The question/s might cover any of the content covered in the course. All work on the assignment must be completed by the student independently. No consultation is permitted.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task unless you have elected to undertake Option A. the Moot OR Option C. the Essay.

Weighting: 50%.

Release Date: 5pm, 1 March 2022 via Wattle.

Due date: 5pm, Monday 23 May 2022 via Turnitin. Late submissions (without an extension) are permitted, although late penalties will apply.

Estimated return date: Official end of semester results release date via Turnitin

Word Limit: 3,000 words

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.
• Research skills demonstrated

Assessment Task 4

Research Task Option C - Research Essay

Students must choose to do either A. the Moot, or B. the Take-Home Assignment, OR C. the Essay. If you sign up to do the Moot you can withdraw on Wattle any time before Monday 2 May 2022 4pm. You are not allowed to withdraw from the moot and elect to do the essay or assignment after this date. Irrespective of the form of research task that you choose, you will be expected to conduct your own research. This may mean that you need to read and understand topics that were not covered in the course, or only addressed briefly.

C. 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 is expected. 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: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task unless you have elected to undertake Option A. the Moot OR Option B. the Take-Home Assignment.

Weighting: 50%.

Word Limit: 3,000 words

Release Date: Essay questions will be released on 5pm, 1 March 2022 via Wattle.

Due Date: 5pm, Monday 23 May 2022 via Turnitin. Late submissions (without an extension) are permitted, although late penalties will apply.

Estimated Return Date: Official end of semester results release date via Turnitin

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/ case law) 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 5

Final (Online) Exam

Details of Task: This exam will include both multiple choice and/ or short answer questions. The questions will be based on a hypothetical scenario presented to you during the exam, and you will be asked to apply your knowledge of the terminology, process and rules arising from lectures and tutorials in weeks 6-12 inclusive. All work on the exam must be completed by the student independently. No consultation or collaboration is permitted. This will be a take home, open book exam.

Nature of the Task: Nature of the task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 20%

Release: Consult the end of semester examination schedule when it is released.

Due date :The examination will be released via Wattle. Students should consult the ANU examination timetable once finalised to confirm the date, duration and time of the exam.

Duration: 90 minutes.

Estimated return date: Official end of semester results release date via Turnitin. 

Assessment Criteria:

• Selects relevant issues
• Understanding and discussion of relevant law
• Analysis of relevant facts

Assessment Task 6

Tutorial Engagement

Details of Task: Tutorials will be held in every week of the course using a 'flipped classroom' model. This means that the problem is discussed in tutorial A before you are expected to engage with any of the relevant content. This means that you are not expected to prepare for Part A tutorials (although you can if you wish). Part A tutorials will involve breaking into small groups, discussing issues, identifying what you already know and don't know, outline a research strategy and decide how you will work together over the next week to prepare your responses to the problem questions for Part B tutorials. You will be expected to prepare for Part B by researching and understanding the relevant rules and course content. You should review the relevant lectures and set readings. You are not expected to have ‘correct’ answers for Tutorial B. It is also fine to say that you do not know the answer to a question; in fact, this can be reassuring for others. Instead, you should come to the tutorial ready to:

1. identifying possible legal and factual issues in problem-based questions
2. proposing arguments as to how those issues could be resolved;
3. identifying what you found out, and any gaps in your legal understanding of course content
4. asking clarifying questions about what you don't understand
5. reflecting upon how the relevant legal principles connect with issues in the world, have arisen in the past for you, or that you think might be relevant to you in the future.

We understand that some students are not comfortable speaking up in class and that there is limited time for everyone to contribute (especially in zoom). So only one member of each group needs to explain responses to the problem in the Part B Tutorial. Where possible, students should take turns so that at least once in the semester, they take the lead for the group presentation.

Students are expected to sign up to a tutorial, and attend that same tutorial each week. Students will be expected to work together in smaller groups (of about 5 students - depending on numbers in attendance). The groups may change over the semester, but will be the same for both A and B tutorials.

At the end of the semester, students will be asked to create a 4 minute video where they reflect on the content and the activities (flipped classroom, small group collaboration, research orientated), and how they have (or have not) assisted in their learning in LDM and overall.

Tutorial attendance: We understand that it is not always possible to attend your tutorial group. If you cannot attend your group in a particular week, you may attend another group. There is no minimum attendance requirement, but our expectation is that you will attend as many as you can. Students who experience difficulty in attending their tutorials on an ongoing basis should email Dr Anne Macduff for assistance.

Nature of Task: Compulsory

Weighting: 10%

Word Limit: 4 minutes.

Release: Students may begin preparing their video reflection after their last tutorial in week 12.

Due Date: Monday 6 June 2022, 5pm via wattle dropbox (not Turnitin)

Estimated Return Date: Official end of semester results release date via Turnitin.

Assessment Criteria:

• Appropriate focus on selected aspects of the tutorial program (flipped classroom, practical focus, group work for eg) for the reflection (the ‘how of learning’)
• Reflection on awareness of ‘self as learner’ as demonstrated through appropriately chosen examples of what might have been learnt in the course (or not)
• Demonstration of personal insight into oneself as a learner (including any barriers/ obstacles/ difficulties)
• Demonstration of acceptance of responsibility of self as learner, including exploration consequences for the future self (as a law student/ lawyer/ professional/ human)
• Clear links between the examples, the content and the self
• Clarity of expression (style) and coherence

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

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 tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per 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.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

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 Access 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