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Course

Resolving Civil Disputes - LAWS2371

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Kensington Campus

Career: Undergraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 3

Enrolment Requirements:

Pre-requisite: LAWS1075 or JURD7175 (Contracts); Pre-requisite: LAWS1072 or JURD7172

Equivalent: LAWS2311

Excluded: JURD7211, JURD7271, LAWS2311

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

The resolution of civil disputes requires legal practitioners to be equally competent in invoking the court system or employing negotiation, mediation or arbitration. The course addresses civil procedure which governs the steps involved in initiating, conducting, managing, terminating, enforcing or appealing the outcome of, legal proceedings in a Court. Specific attention is paid to jurisdiction, case management, pleadings, discovery, preparing evidence and costs. The course provides an introduction to Alternative Dispute Resolution, in particular, negotiation, mediation and arbitration. The course examines the advantages and disadvantages of each dispute resolution procedure and the factors that influence when they should be utilised from both policy and practice perspectives. The course also explores the ethical issues that the resolution of disputes creates for lawyers.

Course Learning Outcomes

The student will be able to:
  1. Demonstrate awareness of principles of resolving civil disputes and their relationship to the broader context;
  2. Apply cumulative knowledge and skills to propose solutions to hypothetical fact scenarios;
  3. Apply cumulative knowledge and skills to engage in critical analysis of the policy issues underlying case determinations and choice of dispute resolution options;
  4. Recognise and explain appropriate responses to ethical constraints and dilemmas associated with the resolution of civil disputes;
  5. Show a practical, client-centred approach to creative problem solving by advising on options for dispute resolution and evaluating possible client choices;
  6. Demonstrate effective written communication skills by articulating legal concepts clearly, persuasively and appropriately for diverse audiences; and
  7. Demonstrate effective oral communication skills by discussing and debating course concepts in a scholarly, reflective and respectful manner.

Topics

Civil Procedure:
  • Jurisdiction
  • Case management
  • Initiating proceedings and pleadings
  • Causes of action and parties
  • Service
  • Discovery
  • Preparing evidence
  • Enforcement
  • Appeal
  • Costs
Alternative Dispute Resolution:
  • Negotiation
  • Mediation
  • Arbitration
Legal Professional Privilege/Client Legal Privilege

Assessment

Final exam - 50%
Class participation - 10%
Advice to client (group work) - 20%
Drafting Exercise (group work) or in-class test - 20%

Texts

  • Dorne Boniface, Miiko Kumar and Michael Legg, Principles of Civil Procedure in New South Wales (2011 2d ed).
  • Michael Legg (ed), The Future of Dispute Resolution (2012 forthcoming).
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Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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