LAWS11-319: Civil Procedure

Description

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.

Subject details

Type:	Undergraduate Subject
Code:	LAWS11-319
Faculty:	Faculty of Law
Credit:	10
Study areas:	Law

Learning outcomes

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.
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.
Draft documents necessary to bring and support an interlocutory application, affidavit, outline of argument and draft order.
Demonstrate awareness of the rules of professional conduct governing litigation in Queensland.

Enrolment requirements

Requisites:	Pre-requisites: LAWS11-211: Principles of Tortious Liability LAWS11-212: Principles of Contractual Liability LAWS11-213: Law of Obligations Co-requisites: There are no co-requisites
Assumed knowledge:	Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge.
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.

Requisites:

Pre-requisites:

Co-requisites:

There are no co-requisites

Assumed knowledge:

Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge.

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.