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SDCM71-323: Expert Witness and Dispute Resolution September 2017 [Intensive - Stream 1: Weeks 4 & 9]

General information

Project participants need to understand the legal context within which they make decisions and perform actions, as frequently disputes can arise that require resolution and/or expert opinion. Project quality and environmental management provide a convenient instance where disputes and the need for expert testimony can arise, and are examined here in the context of project closure, including lessons learnt, standards, continuous improvement and client satisfaction. A general appreciation of international legal principles informed by case law forms an important backdrop to the subject. Practitioners must understand the limitations of their involvement in legal proceedings and be familiar with the conduct of procedures that commonly take place, including alternative dispute resolution such as arbitration and mediation. A moot court environment is used to demonstrate the experience of appearing in a formal hearing, and students are asked to also prepare or critique an expert report related to an example of ‘defective’ work or service that is the subject of a contractual dispute.

Details

Academic unit:Faculty of Society & Design
Subject code:SDCM71-323
Subject title:Expert Witness and Dispute Resolution
Subject level:Postgraduate
Semester/Year:September 2017
Credit points:10

Delivery & attendance

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

Intensive

Workload items:
  • Seminar: x2 (Total hours: 14) - Seminar 1
  • Seminar: x2 (Total hours: 14) - Seminar 2
  • Seminar: x2 (Total hours: 14) - Seminar 3
  • Personal Study Hours: x12 (Total hours: 78) - Recommended Study Hours
Attendance and learning activities: Attend at all workshops is necessary to get the best from this subject with the workshops building on the work of earlier workshops and pre-reading. It may be difficult to recover if you miss a day. Attendance at the workshops may be monitored and non-attendance may impact the final mark in this subject.

Resources

Prescribed resources:
  • Freckelton, I.R. and Selby, H. (2013). Expert evidence: law, practice, procedure and advocacy. Pyrmont NSW: Lawbook Co.
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: ?

Nil

Restrictions: ?

Nil

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. Show competency in project quality and environmental management.
  2. Explore continuous process improvement strategies for avoiding disputes.
  3. Specify quality and/or environmental standards in a contractual setting.
  4. Prepare or critique an expert report based on a dispute over standards.
  5. Demonstrate an understanding of legal recourse to conflict on projects.

Assessment

Assessment details

TypeTask%Timing*Outcomes assessed
*Class Participation Role play/activities 10% Progressive 1, 2.
Written Report Expert Report 50% Week 9 1, 3, 4.
Paper-based Examination (Closed) Formal examination 40% Final Examination Period 1, 5.
  • * 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

Late submissions without evidence of illness or misadventure are limited to 50%. Extensions of time are normally limited to 2 weeks. Thereafter zero marks shall apply.

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.

Disability 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.

Additional subject information

The focus of this subject is on project quality management, project environmental management and project closure. It primarily addresses Program Learning Outcome #6: understand the legal ramifications of project conflict and apply techniques to avoid, minimise or resolve disputes, including giving evidence at formal proceedings.

Subject curriculum

Pre-reading on project quality and environmental management. Included are fundamentals of project management and review quality knowledge area (PMBOK® Guide).

1, 3.

Litigation and expert witness. Included are introduction to Australian legal system, opinion evidence v factual evidence, purpose of expert evidence rules, five rules of expert evidence, court rules, other ways experts are utilised, client legal privilege, content and form of an expert report, tort law, contractual provisions and procedures, continuous process improvement and lessons learnt.

1, 2, 4, 5.

The art of expert evidence and resolving disputes. Included are concurrent evidence, conclave or joint meeting of experts, the art of giving effective testimony and practical matters when giving expert testimony, immunity and liability, resolving disputes, alternative dispute resolution, mediation, arbitration, case appraisal, expert determination and dispute review boards.

1, 2, 4, 5.
Approved on: Aug 7, 2017. Edition: 1.2