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.

 

This course meets the requirements of the Law Admissions Consultative Committee Prescribed Academic Areas of Knowledge for Civil Dispute Resolution. 

This course meets the following requirements of the Law Admissions Consultative Committee Prescribed Academic Areas of Knowledge for Equity: 

• injunction 
• declaration

Learning Outcomes

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

1. Review and reflect on the fundamental legal principles and strategies relevant to practice of litigation and dispute management.
2. Critically assess the civil litigation system and the policy which underpins procedural justice , with reference to a diverse range of perspectives.
3. Evaluate and apply a range of legally specific principles, methods and tools to design and justify solutions to a factually complex litigation scenario and/or issue in the context of providing professional advice to a client.
4. Apply the professional judgment required to generate and refine persuasive arguments in response to complex litigation problems and issues.

Required Resources

Stephen Colbran, Peta Spender and Tania Penovic, Civil Procedure: Commentary and Materials (LexisNexis, 8th ed, 2022). A full list of readings/E brick will also be made available on Wattle two weeks prior to the course commencement date.

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

Task submission times refer to Canberra time (AEST/AEDT).

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	No tutorials or group sessions this week
2	Dispute Management	Tutorial 1 Guest presentation by visiting judge
3	Limitation Periods, Introduction to Jurisdiction	Optional Group Session 1 Guest presentation by visiting judge
4	Parties	Tutorial 2
5	Originating Processes	Optional Group Session 2 Online practice test
6	Interlocutory Injunctions	Tutorial 3
7	Pleadings	Optional Group Session 3 Mid semester test
8	Discovery	Tutorial 4
9	Defending proceedings, Mistake and amendment	Optional Group Session 4
10	Settlement, Ending proceedings 'early'	Tutorial 5
11	Judgment, Appeal	Optional Group Session 5
12	Costs and Enforcement	Tutorial 6 Research Task Due (Moot or Essay)
13		End of Semester Exam Optional groupwork reflection task

Tutorial Registration

Please enrol in tutorials through MyTimetable before the end of Week 1 of semester. Tutorials begin in Week 2. 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.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Online Practice Test	0 %	22/03/2023	27/03/2023	1,3,4,5,6
Mid-semester Test	30 %	18/04/2023	09/05/2023	1,3,4,5,6
Research Task Option A - Moot	40 %	*	29/06/2023	1,2,7
Research Task Option B - Legal Research Essay	40 %	22/05/2023	29/06/2023	1,2,7
Final Examination	30 %	*	29/06/2023	1,3,4,5,6
Optional Group Work	10 %	22/05/2023	29/06/2023	4

* 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 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 test and an end of semester examination. Students should consult the examinations timetable when it has been released to confirm the date and time.

Assessment Task 1

Online Practice Test

Details of Task: This test will be a series of questions based on a hypothetical scenario presented to you online via Wattle, and will ask you to apply your knowledge of the terminology, process and rules arising from lectures and tutorials in weeks 1-4 (inclusive). As much as possible, students should sit the practice test under the same conditions as the mid semester (online) test. All work on the test should be completed by the student independently. No consultation or collaboration is permitted.

Nature of Task: Optional. This assessment task has no marks, although failure to submit answers will mean that a valuable opportunity for early feedback on learning in the course will be missed.

Weighting: 0%

Release: 3:30pm, 21 March 2023 (Week 5)

Duration: 90 minutes

Due Date: 5pm, 22 March 2023 (Week 5). During this 24 hour window, you must access and complete the test. Once you have opened the test, you will have 90 minutes to complete the questions and submit a response. Due to the nature of the task and the importance of providing feedback to students quickly, late submissions or extensions will not be accepted.

Estimated Return Date: 27 March 2023. Answers will be marked automatically.

Assessment Criteria:

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

Assessment Task 2

Mid-semester Test

Details of Task: This test will be a series of questions, based on course material (including master-classes) and/ or a hypothetical scenario presented to you online via Wattle, and you will be asked to apply your knowledge of the terminology, process and rules arising from lectures and tutorials in weeks 1-6 (inclusive). All work on the test must be completed by the student independently. No consultation or collaboration is permitted. This test will be conducted online via WATTLE.

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

Weighting: 30%

Release: 3:30pm, 18 April 2023 (Week 7)

Duration: 90 minutes

Due Date: 5pm, 18 April 2023 (Week 7). Due to the nature of the task, late submissions will not be accepted. There is no grace period.

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 here. The College will give you one further opportunity to complete the assessment, at the same time the following week on Wednesday 26 April 2023. 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.

Estimated Return Date: 9 May 2023

Assessment Criteria:

1. Selects relevant issues
2. Understanding and application of relevant law
3. Analysis of relevant facts

Assessment Task 3

Research Task Option A - Moot

Students must choose to do either A. the Moot or B. the Essay. If you sign up to do the Moot you can withdraw on Wattle any time before 4pm, Monday 1 May (Week 9) 2023. You are not allowed to withdraw from the moot and elect to do the essay after this date. ?If you withdraw, you must remove your name from the Wattle sign up list. Please contact enquiries.law@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 submission 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 list will be released at 12nn, Monday 6 March 2023 (Week 3) and spots will be given on a 'first in' 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 Essay.

Weighting: 40%

Release: 5pm, 27 February 2023 (Week 2)

Due Date: All 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. The College will give you one opportunity to sit the moot, at the same time one week later. This will be your final opportunity to sit the moot. 

Estimated Return Date: Official end of semester results release date via Wattle. However, feedback will be given to you orally after your moot and will be recorded.

Assessment Criteria:

1. Selects relevant issues
2. Understanding and application of relevant law
3. Analysis of relevant facts
4. Persuasiveness of arguments
5. Oral advocacy skills
6. Ability to respond to questions
7. Responsiveness to arguments for the other side
8. Research skills demonstrated

Assessment Task 4

Research Task Option B - Legal Research Essay

Students must choose to do either A. the Moot or B. the Essay. If you sign up to do the Moot you can withdraw on Wattle any time before 4pm, Monday 1 May (Week 9) 2023. You are not allowed to withdraw from the moot and elect to do the essay 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 in the course briefly.

B. 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.

Weighting: 40%

Release: 5pm, 1 March 2023

Word Limit: 2,000 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted. Footnotes should be used for referencing of sources. Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. A bibliography must be included.

Due Date: 5pm, 22 May 2023. 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:     

1. Understanding and discussion of relevant law
2. Argument and response to question
3. Critical evaluation of material
4. Creative and original approach
5. Research of primary legal (legislation/ case law) and scholarly secondary sources.
6. Effective use of words and word limit to address key issues
7. Expression and written communication including use of legal terminology, spelling etc.
8. Structure including logical development of content/material
9. Referencing and compliance with AGLC including a bibliography

Assessment Task 5

Final Examination

Details of Task: This exam will be based on course material (including master-classes) and/ or a hypothetical scenario. Questions will ask you to apply your knowledge of the terminology, process and rules arising from lectures and tutorials covered in weeks 7 -12 inclusive. All work on the examination must be completed by the student independently. No consultation or collaboration 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.

Weighting: 30%

Duration: 90 minutes

Due Date: The exam will be held during the end-of-semester exam period. Please consult the ANU examinations timetable when it is released. Because this is a formal examination, late submissions will not be accepted. 

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

Assessment Criteria:

1. Selects relevant issues
2. Understanding and discussion of relevant law
3. Analysis of relevant facts

Assessment Task 6

Optional Group Work

Details of Task: Students may choose to engage with this course using a 'flipped classroom' approach. A flipped approach involves discussing the the tutorial problem in small groups before engaging with any of the relevant content for eg. the lectures. You are not expected to do anything to prepare for these group discussion sessions, or to know any relevant content whatsoever. The focus of these sessions is to gain experience in collaborating with others to find out answers to problems that you don't necessarily have the answers to. It allows students to share problem solving techniques, tips and insights and receive early feedback. This experience is designed to replicate 'real world' experience of problem solving in a 'law firm' environment. It is expected that your understanding of the course material will be enhanced through engagement in this optional assessment.

Students will be expected to actively participate in all 5 sessions (held during odd weeks of semester). Each session will involve breaking into smaller groups (of 3-7 students, depending on numbers), discussing issues, identifying what you already know and don't know, outlining a research strategy and deciding how you will work together over the next week to prepare your responses to the problem questions for discussion during tutorials the following week (held in even weeks). (Note: These sessions are in addition to, and not the same as, the course tutorials. It is not necessary that students in the small group for a session need to be in the same tutorial group).

If you choose to opt in for this option task, you will need to sign up to an online group session by the end of Week 2. More details will be provided, but there will be two group sessions (both held online) on Mondays (9am - 11am and 6pm - 8pm). Each group will be capped at 50 students. Places in each group will be given on a first in, first served basis.

To be eligible for a mark in relation to this assessment task, you will need to participate in that the same group session each fortnight (5 sessions in all). At the end of participation in the 5 sessions, students will create a 4 minute video where they reflect on the experience, specifically 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.

Session participation: There is an expectation that if you sign up for this option, you will attend all 5 sessions unless there are exceptional and unforeseeable circumstances. You may withdraw from this assessment at any time, however if you withdraw, you will not be permitted to rejoin later. 

Nature of Task: Optional and redeemable. This means if your mark for this assessment is less than your overall mark for the course, your overall mark will stand and this assessment task will not be counted. However, if your mark for this assessment task is greater than your overall mark for the course, your overall mark will be reduced to 90%, and the mark for this task will comprise the remaining 10%.

Weighting: 0 or 10%

Release: Students may begin preparing their video reflection after their last session in week 11.

Duration: 4 minutes

Due Date: 5pm, 22 May 2023 via Wattle dropbox (not Turnitin). Late submissions (without an extension) are permitted, although late penalties will apply.

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

Assessment Criteria:

1. Participation in all 5 sessions (unless documented evidence justifying absence as 'unforeseeable and exceptional' is provided)
2. Appropriate focus on selected aspects of the tutorial program (flipped classroom, practical focus, group work for eg) for the reflection (the ‘how of learning’)
3. Reflection on awareness of ‘self as learner’ as demonstrated through appropriately chosen examples of what might have been learnt in the course (or not)
4. Demonstration of personal insight into oneself as a learner (including any barriers/ obstacles/ difficulties)
5. Demonstration of acceptance of responsibility of self as learner, including exploration consequences for the future self (as a law student/ lawyer/ professional/ human being)
6. Clear links tying together the examples, the content and the change in sense of self
7. 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 in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

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 granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.  

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.

Returning Assignments

All marks and feedback will be provided online by the return date listed in the class summary. 

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