LAW5013 · Principles of litigation and dispute resolution

Overview

This unit gives students a thorough understanding of civil dispute resolution practice and litigation as exemplified in the rules of court and associated legislation and case law. Drawing upon the Rules of the Supreme Court of Victoria and the law relating to case management, students study the major procedural steps that are taken in the event that civil disputes become the subject of litigation, including jurisdiction, instituting proceedings, service and appearance, parties, pleadings, methods of gathering evidence, interlocutory proceedings, facilitating settlement, disposition without trial, costs and enforcement.

Offerings

Assessment

The Handbook lists an examination for this unit.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

Learning outcomes

1. Identify, articulate and apply legal principles, concepts, policies relating to the procedural sequence, steps and documentation of civil dispute resolution and litigation;
2. Demonstrate sophisticated cognitive and creative skills in generating appropriate jurisprudential and practical responses to complex legal problems;
3. Demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal conclusions and professional decisions, as well as to identify, research, evaluate and synthesise relevant factual, legal and policy issues;
4. Exercise professional judgement in recognising and responding to ethical issues and professional responsibilities that arise in the practice of litigation and dispute resolution and show an advanced and integrated understanding of approaches to professional decision making;
5. Critically evaluate different modes of dispute resolution processes and assess the conditions under which they are likely to be appropriate and effective;
6. Demonstrate the ability to think creatively and communicate effectively in professional documentary formats that are appropriate for dispute resolution practice;
7. Collaborate effectively
8. Learn and work with a high degree of autonomy, accountability and professionalism.

Workload

Students enrolled in this unit will be provided with 36 contact hours of workshops per teaching period. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit

Student experience, not official rules. Nothing here changes what the Handbook says.