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 II
  • Unit Code

    LAW4614
  • Year

    2015
  • Enrolment Period

    1
  • Version

    2
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

The framework of knowledge from Civil Procedure I becomes the foundation for more advanced exploration of the Rules of the Supreme Court 1971 (WA) in Civil Procedure II. The unit also touches upon the procedures and rules of the Court of Appeal. Again, 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. This unit continues to 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 LAW4604

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse complex factual scenarios to successfully predict the outcome of interlocutory applications by reference to the case-law, Orders(s) and Practice Directions.
  2. Demonstrate a comprehensive understanding of the Supreme Court of Western Australias civil litigation process.
  3. Identify and apply the processes available for gathering evidence to develop an appropriate strategy to advance their clients case.
  4. Identify the key interlocutory processes, and apply the relevant orders (Rules) and Practice Directions facilitating those processes.

Unit Content

  1. Administrative proceedings.
  2. Appeals & Stated Cases.
  3. Gathering Evidence.
  4. Judgments, Costs and Enforcement.
  5. Specialised Procedures.

Additional Learning Experience Information

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 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 affidavits 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 Exercises15%
AssignmentMajor Assignment (Opinion)25%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
ParticipationDrafting Exercises15%
AssignmentMajor Assignment (Opinion)25%
ExaminationFinal examination60%

Text References

  • Hunter, J., & al. (2005). Civil procedure: Commentary and materials (4th ed.). LexisNexis.
  • Cairns, B. (2011). Australian civil procedure (9th ed.). Lawbook Co.
  • SIGNIFICANT STATUTES Administration Act 1903 (WA) District Court of Western Australia Act 1969 (WA) and rules Federal Court and Australia Act 1976 (Cth) and rules Foreign Judgments Act 1991 (Cth) Inheritance (Family & Dependents) Act 1972 (WA) Interpretation Act 1984 (WA) Judiciary Act 1903 (Cth) Magistrates Court Act 2004 (WA) and rules. Magistrates Court (Civil Proceedings) Act 2004 (WA) State Administrative Tribunal Act 2004 (WA) Supreme Court (Corporations)(WA) Rules 2004 Wills Act 1970 (WA)
  • Colbran, S. E., et al. (2009). Civil procedures: Commentary and materials (4th ed.). LexisNexis.
  • Bamford, D. (2010). Principles of civil litigation. Lawbook Co.

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.

LAW4614|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 II
  • Unit Code

    LAW4614
  • Year

    2015
  • Enrolment Period

    2
  • Version

    2
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

The framework of knowledge from Civil Procedure I becomes the foundation for more advanced exploration of the Rules of the Supreme Court 1971 (WA) in Civil Procedure II. The unit also touches upon the procedures and rules of the Court of Appeal. Again, 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. This unit continues to 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 LAW4604

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse complex factual scenarios to successfully predict the outcome of interlocutory applications by reference to the case-law, Orders(s) and Practice Directions.
  2. Demonstrate a comprehensive understanding of the Supreme Court of Western Australias civil litigation process.
  3. Identify and apply the processes available for gathering evidence to develop an appropriate strategy to advance their clients case.
  4. Identify the key interlocutory processes, and apply the relevant orders (Rules) and Practice Directions facilitating those processes.

Unit Content

  1. Administrative proceedings.
  2. Appeals & Stated Cases.
  3. Gathering Evidence.
  4. Judgments, Costs and Enforcement.
  5. Specialised Procedures.

Additional Learning Experience Information

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 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 affidavits 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 Exercises15%
AssignmentMajor Assignment (Opinion)25%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
ParticipationDrafting Exercises15%
AssignmentMajor Assignment (Opinion)25%
ExaminationFinal examination60%

Text References

  • SIGNIFICANT STATUTES Administration Act 1903 (WA) District Court of Western Australia Act 1969 (WA) and rules Federal Court and Australia Act 1976 (Cth) and rules Foreign Judgments Act 1991 (Cth) Inheritance (Family & Dependents) Act 1972 (WA) Interpretation Act 1984 (WA) Judiciary Act 1903 (Cth) Magistrates Court Act 2004 (WA) and rules. Magistrates Court (Civil Proceedings) Act 2004 (WA) State Administrative Tribunal Act 2004 (WA) Supreme Court (Corporations)(WA) Rules 2004 Wills Act 1970 (WA)
  • Hunter, J., & al. (2005). Civil procedure: Commentary and materials (4th ed.). LexisNexis.
  • Colbran, S. E., et al. (2009). Civil procedures: Commentary and materials (4th ed.). LexisNexis.
  • Bamford, D. (2010). Principles of civil litigation. Lawbook Co.
  • Cairns, B. (2011). Australian civil procedure (9th ed.). Lawbook Co.

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.

LAW4614|2|2