This course is an introduction to dispute resolution focussing upon mediation and civil litigation. The course will examine dispute resolution within and outside the legal system and will explore litigation via the principles of civil procedure. The interlocutory steps in civil litigation will be analysed alongside the strategies adopted by lawyers in the conduct of litigation. The course is structured to meet the requirements for admission as a legal practitioner in the Australian States and Territories but also provides opportunities for critical appraisal of litigation policy and practice.
Topics to be covered include:
- access to justice
- the importance of process
- mediation procedures
- confidentiality and power imbalances in dispute resolution
- when and how to commence proceedings in court
- class actions
- urgent applications
- gathering evidence.
Upon successful completion, students will have the knowledge and skills to:
- Identify, explain and apply the fundamental principles and strategies of the law and practice of litigation covered in the course;
- Describe and analyse the context of litigation and the policy which underpins design of the justice system in relation to topics covered by the course;
- Identify and use a range of legally specific research principles, methods and tools appropriate to respond to a complex litigation scenario and/or issue;
- Select and apply a range of approaches to written and oral communication, and apply the critical thinking required to bring about solutions to complex litigation problems and issues;
- Access, use, interpret and apply complex statutory material to resolve litigation problems and issues;
- Access, use, interpret and apply a range of domestic primary legal resources to solve complex litigation problems;
- Plan and conduct a research project, with intellectual independence.
Other InformationThis course is best undertaken by students later in their degree. In particular, students will benefit from an understanding of Corporations Law.
No specific requirements but access to a computer and the internet is recommended.
- Research essay, take home exam, tutorial presentation and participation. (null) [LO null]
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- Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 36 hours of face to face teaching). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
- Classes offered during semester periods are expected to have three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course.
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Requisite and Incompatibility
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when known.
Readings/E brick will be made available on Wattle two weeks prior to the course commencement date.
Tuition fees are for the academic year indicated at the top of the page.
Commonwealth Support (CSP) Students
If you 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). More information about your student contribution amount for each course at Fees.
- Student Contribution Band:
- Unit value:
- 6 units
If you are a domestic graduate coursework student with a Domestic Tuition Fee (DTF) place or international student you will be required to pay course tuition fees (see below). Course tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
Where there is a unit range displayed for this course, not all unit options below may be available.