Handbook : Unit informationEdith Cowan University

School: Business and Law

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.

Please note that given the circumstances of COVID-19, there may be some modifications to the assessment schedule promoted in Handbook for Semester 1 2020 Units. Students will be notified of all approved modifications by Unit Coordinators via email and Unit Blackboard sites. Where changes have been made, these are designed to ensure that you still meet the unit learning outcomes in the context of our adjusted teaching and learning arrangements.

• Unit Title

  Civil Procedure I

• Unit Code

  LAW4604

• Year

  2020

• Enrolment Period

  1

• Version

  3

• Credit Points

  15

• Full Year Unit

  N

• Mode of Delivery

  On Campus
  Online

• Unit Coordinator

  Ms Fiona Elizabeth LOW

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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. 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.
2. Analyse complex factual scenarios to predict the outcome of procedural applications by reference to the case-law, Order(s) and Practice Directions.
3. Discuss and critically analyse the purpose(s) of the relevant Order(s) and factors relevant to the exercise of the courts discretion

Unit Content

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

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECU Blackboard.

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences through ECU Blackboard as well as additional ECU learning technologies.

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.

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