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LAWS11-319: Civil Procedure September 2018 [Standard]

General information

Civil Procedure is a compulsory subject in the Bachelor of Laws program offered by the Faculty of Law. This subject introduces students to the basic procedures and tactics for conducting civil litigation. It covers issues of jurisdiction, transfer between courts, time limits, institution of actions, pleadings, processes of discovery, various interlocutory applications, parties, amendment of proceedings, settlement and early termination of proceedings, awarding and taxing of costs, trial, appeal and execution of judgments. Students will also consider and practise professional communication skills necessary to the litigation practitioner, primarily in the context of making an interlocutory application to the court and drafting relevant letters and documents.

Details

Academic unit:Faculty of Law
Subject code:LAWS11-319
Subject title:Civil Procedure
Subject level:Undergraduate
Semester/Year:September 2018
Credit points:10

Delivery & attendance

Timetable: https://bond.edu.au/timetable
Delivery mode:

Standard

Workload items:
  • Lecture: x12 (Total hours: 24) - Weekly Lecture
  • Tutorial: x12 (Total hours: 12) - Weekly Tutorial
  • Personal Study Hours: x12 (Total hours: 84) - Recommended Study Hours
Attendance and learning activities: In some weeks, face-to-face classes may be replaced by on-line instruction and multi-media learning activities.

Resources

Prescribed resources:
  • Hemming and Penovic (2015). Civil Procedure in Australia. Ist, LexisNexis All
  • Uniform Civil Procedure Rules (Qld) 1999. [Legislation]
After enrolment, students can check the Books and Tools area in iLearn for the full Resource List.
[email protected] & Email:[email protected] is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.

To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au

Enrolment requirements

Requisites: ?

Pre-requisites: ?

Co-requisites: ?

There are no co-requisites.

Restrictions: ?

This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.

Assurance of learning

Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.

At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.

Program Learning Outcomes (PLOs)

Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.

Find your program

Subject Learning Outcomes (SLOs)

On successful completion of this subject the learner will be able to:
  1. Describe the usual course of civil proceedings, the jurisdiction of the various courts in Queensland and the provision for cross-vesting jurisdiction; the time limitations for common types of actions; the rules relevant to commencement, issue and service of proceedings and the rules and procedures required to take a civil matter to trial and if necessary, appeal.
  2. Understand the procedures involved and the principles applicable to institution of actions, drafting of pleadings, discovery and other interlocutory proceedings, joinder of causes of action and parties, amendment of proceedings, awarding of costs, trial and execution of judgments.
  3. Draft documents necessary to bring and support an interlocutory application, affidavit, outline of argument and draft order.
  4. Demonstrate awareness of the rules of professional conduct governing litigation in Queensland.

Assessment

Assessment details

TypeTask%Timing*Outcomes assessed
*Class Participation Tutorial participation 10% Ongoing 1, 2, 3, 4.
Draft Document Preparation and presentation of an interlocutory application 30% Week 8 1, 3, 4.
Paper-based Examination (Open) End of semester examination 60% Final Examination Period 1, 2, 3.
  • * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
  • C = Students must reach a level of competency to successfully complete this assessment.

Assessment criteria

High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking.
Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas.
Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above.
Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment.
Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines.

Quality assurance

For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.

Study information

Submission procedures

Students must check the [email protected] subject site for detailed assessment information and submission procedures.

Policy on late submission and extensions

A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.

Policy on plagiarism

University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.

Bond University utilises Originality Reporting software to inform academic integrity.

Feedback on assessment

Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.

Accessibility and Inclusion Support

If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.

Subject curriculum

Procedural law defined; the changing nature of the adversarial system; conventional requirements of justice.

Definitions; most popular dispute resolution processes; criteria for judging effectiveness and suitability; Court connected ADR - mediation and case appraisal in Qld.

Type of action; purpose of limitation periods; the running of time; the effect of expiration of limitation periods; extension of the limitation period.

1, 2.

Where and when to sue; appropriate forum; subject matter jurisdiction; territorial jurisdiction; cross-vesting jurisdiction.

Manner and form for commencing proceedings; multiple parties and multiple causes of action.

1, 2.

Rules and skills involved in drafting pleadings: statement of claim, defence, counterclaim, reply, answer, third party proceedings.

Issue and service of originating proceedings, appearance by defendant.

1, 2.

Form and manner of preparing an interlocutory application; common applications: amendment; preserving subject matter of proceedings; preserving evidence; injunctions; freezing orders; search orders.

1, 2, 3, 4.

Default judgment; summary judgment; settlement (negotiation and mediation); discontinuance.

1, 2.

Discovery and inspection of documents; interrogatories; third party disclosure; subpoenas; injunctions; privileges against disclosure.

1, 2, 4.

Setting a matter down for trial, order of events at trial, costs orders, requirements for an appeal.

1, 2, 4.
Approved on: Jul 10, 2018. Edition: 2.5