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  2. Civil Procedure I [LAW4604]

Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Civil Procedure I

  • Unit Code

    LAW4604

  • Year

    2015

  • Enrolment Period

    1

  • Version

    2

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

Description

Civil Procedure I, together with its companion Civil Procedure II (LAW4614), explores how rights and entitlements (civil claims) are enforced through the courts by examining the purpose and principles under-pinning the administration of civil justice in Western Australia. Students undertake a comprehensive examination of the Rules of the Supreme Court 1971 (WA) and touch upon the rules of other State and Commonwealth courts. The practical application and ramifications of the rules are illustrated through case-based study of (mostly) recent procedural decisions in the Supreme and District Courts of WA. These units build on students knowledge of legal principles related to substantive areas of law gained in earlier units, with a view to equipping them to develop effective strategies for the conduct of litigation in a professional context.

Prerequisite Rule

Students must pass 1 units from LAW3106

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse complex factual scenarios to predict the outcome of procedural applications by reference to the case-law, Order(s) and Practice Directions.
  2. Demonstrate a comprehensive understanding the procedures in the Supreme Court of Western Australia from the issue of a writ to the close of pleadings, and of the processes available for disposition of proceedings before trial.
  3. Discuss and critically analyse the purpose(s) of the relevant Order(s) and factors relevant to the exercise of the courts discretion
  4. Identify which Orders (rules) and Practice Directions facilitate those processes.

Unit Content

  1. Case Management & Professional Obligations in civil litigation.
  2. Commencing proceedings.
  3. Disposition of proceedings without trial (summary and default judgment).
  4. Jurisdiction.
  5. Pleadings.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students will attend 2 hours of lectures and a 1 hour of tutorial per week for one semester. Off-campus students will access the unit online via Blackboard. Regular online access is required. Online tutorials [Adobe Connect facilitated requiring participants to use a headset with microphone] will be convened on a weekly basis. Students will draft basic pleadings (statements of claim and defences) and prepare advices on procedural issues. All written work is required to demonstrate professionally appropriate language skills. On-campus students will work collaboratively in teams.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
Tutorial PresentationDrafting exercise15%
AssignmentMajor Assignment (opinion)25%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
Tutorial PresentationDrafting exercise15%
AssignmentMajor Assignment (opinion)25%
ExaminationFinal Examination60%

Text References

  • ^ SIGNIFICANT STATUTES District Court of Western Australia Act 1969 (WA) and rules Federal Court of Australia Act 1976 (Cth) and rules Interpretation Act 1984 (WA) Judiciary Act 1903 (Cth) Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) Jurisdiction of Courts (Cross-Vesting) Act 1987 (WA) Legal Profession Act 2008 (WA) Magistrates Court Act 2004 (WA) and rules Magistrates Court (Civil Proceedings) Act 2004 (WA) Service and Execution of Process Act 1992 (Cth) State Administrative Tribunal Act 2004 (WA) and rules
  • Fiocco, J., et al. (1998). Civil procedure in Western Australia: A student's manual. Perth: UWA Law School.
  • Dunstone, S.(1997). A practical guide to drafting proceedings. North Ryde NSW: LBC Information Systems.
  • Cairns, B. (2013). Australian civil procedure (10th ed.). Pyrmont NSW: Thomson Reuters.
  • Bamford, D. (2010). Principles of civil Litigation. Pyrmont NSW: Thomson Reuters.
  • Hunter, J., et al. (2005). Litigation 1: Civil procedure (7th ed.). Chatswood NSW: LexisNexis Butterworths.
  • Colbran, S. E., et al. (2009). Civil procedure: Commentary and materials (4th ed.). Chatswood NSW: LexisNexis.

^ Mandatory reference

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW4604|2|1

Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Civil Procedure I

  • Unit Code

    LAW4604

  • Year

    2015

  • Enrolment Period

    2

  • Version

    2

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

Description

Civil Procedure I, together with its companion Civil Procedure II (LAW4614), explores how rights and entitlements (civil claims) are enforced through the courts by examining the purpose and principles under-pinning the administration of civil justice in Western Australia. Students undertake a comprehensive examination of the Rules of the Supreme Court 1971 (WA) and touch upon the rules of other State and Commonwealth courts. The practical application and ramifications of the rules are illustrated through case-based study of (mostly) recent procedural decisions in the Supreme and District Courts of WA. These units build on students knowledge of legal principles related to substantive areas of law gained in earlier units, with a view to equipping them to develop effective strategies for the conduct of litigation in a professional context.

Prerequisite Rule

Students must pass 1 units from LAW3106

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse complex factual scenarios to predict the outcome of procedural applications by reference to the case-law, Order(s) and Practice Directions.
  2. Demonstrate a comprehensive understanding the procedures in the Supreme Court of Western Australia from the issue of a writ to the close of pleadings, and of the processes available for disposition of proceedings before trial.
  3. Discuss and critically analyse the purpose(s) of the relevant Order(s) and factors relevant to the exercise of the courts discretion
  4. Identify which Orders (rules) and Practice Directions facilitate those processes.

Unit Content

  1. Case Management & Professional Obligations in civil litigation.
  2. Commencing proceedings.
  3. Disposition of proceedings without trial (summary and default judgment).
  4. Jurisdiction.
  5. Pleadings.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students will attend 2 hours of lectures and a 1 hour of tutorial per week for one semester. Off-campus students will access the unit online via Blackboard. Regular online access is required. Online tutorials [Adobe Connect facilitated requiring participants to use a headset with microphone] will be convened on a weekly basis. Students will draft basic pleadings (statements of claim and defences) and prepare advices on procedural issues. All written work is required to demonstrate professionally appropriate language skills. On-campus students will work collaboratively in teams.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
Tutorial PresentationDrafting exercise15%
AssignmentMajor Assignment (opinion)25%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
Tutorial PresentationDrafting exercise15%
AssignmentMajor Assignment (opinion)25%
ExaminationFinal Examination60%

Text References

  • ^ SIGNIFICANT STATUTES District Court of Western Australia Act 1969 (WA) and rules Federal Court of Australia Act 1976 (Cth) and rules Interpretation Act 1984 (WA) Judiciary Act 1903 (Cth) Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) Jurisdiction of Courts (Cross-Vesting) Act 1987 (WA) Legal Profession Act 2008 (WA) Magistrates Court Act 2004 (WA) and rules Magistrates Court (Civil Proceedings) Act 2004 (WA) Service and Execution of Process Act 1992 (Cth) State Administrative Tribunal Act 2004 (WA) and rules
  • Fiocco, J., et al. (1998). Civil procedure in Western Australia: A student's manual. Perth: UWA Law School.
  • Dunstone, S.(1997). A practical guide to drafting proceedings. North Ryde NSW: LBC Information Systems.
  • Cairns, B. (2013). Australian civil procedure (10th ed.). Pyrmont NSW: Thomson Reuters.
  • Bamford, D. (2010). Principles of civil Litigation. Pyrmont NSW: Thomson Reuters.
  • Hunter, J., et al. (2005). Litigation 1: Civil procedure (7th ed.). Chatswood NSW: LexisNexis Butterworths.
  • Colbran, S. E., et al. (2009). Civil procedure: Commentary and materials (4th ed.). Chatswood NSW: LexisNexis.

^ Mandatory reference

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW4604|2|2