LLB306 Civil Procedure
To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.
| Unit code: | LLB306 |
|---|---|
| Prerequisite(s): | LLB103 and LLB202 |
| Antirequisite(s): | LWB431 |
| Credit points: | 12 |
| Timetable | Details in HiQ, if available |
| Availabilities |
|
| CSP student contribution | $1,892 |
| Pre-2021 CSP student contribution | $1,482 The pre-2021 commonwealth supported place (CSP) contribution amount only applies to students enrolled in a course prior to 2021. To learn more, visit our Understanding your fees page. |
| Domestic tuition unit fee | $2,976 |
| International unit fee | $3,852 |
Summer:
| Dates | Start 19 Nov 2023 End 22 Feb 2024 |
|---|---|
| Restrictions | Nil. Cross institutional and single unit students permitted with faculty approval. |
Unit Outline: Semester 2 2023, Gardens Point, Internal
| Unit code: | LLB306 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB103 and LLB202 |
| Anti-requisite: | LWB431 |
| Coordinator: | Scott Kiel-Chisholm | s.kielchisholm@qut.edu.au |
Overview
In this unit, you will study the rules of civil procedure and alternative dispute resolution in the Queensland State courts. This includes jurisdiction, the initiation and service of process, the definition of issues through pleadings, judgment and enforcement. An understanding of civil dispute resolution is required for admission to legal practice. This core unit draws on knowledge you have gained throughout your degree including contract law, torts, statutory interpretation and dispute resolution skills.
Learning Outcomes
On successful completion of this unit you will be able to:
- Apply procedural law to real world issues and analyse the litigation process in order to advise clients (CLOs 1.1, 2.1)
- Apply the Uniform Civil Procedure Rules to draft a range of court documents in the context of the litigation process (CLOs 1.1, 4.1)
- Apply creative thinking and legal problem solving to procedural problems (CLOs 2.1, 2.2)
- Communicate a position that reflects legal and non-legal considerations (CLOs 4.1, 4.2, 5.1)
Content
The content of this unit includes:
- The relevant rules of civil procedure, with a particular emphasis on the rules in Queensland, including rules concerning jurisdiction and the initiation and service process
- The adversarial system and alternate methods of dispute resolution
- The definition of issues in the procedural process
- e-lodgement, and
- Judgment, appeals, costs and enforcement
Learning Approaches
This unit employs real world and inquiry-based learning through an authentic scenario-based approach to analysing the litigation process and is practically oriented in solving disputes. The unit employs an active and collaborative approach to learning to develop your understanding of civil procedure processes and develop your negotiation and problem solving skills. It involves an online, self-led learning practice and live tutorials where you will learn from experts and your peers. Prior to tutorials, you will be supported and engaged in this unit through the delivery of weekly snapshots of unit material, podcasts delivered by experts, interactive quizzes and formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives.
Your participation in this unit will include:
- Independent review of relevant content via weekly online resources.
- Participation in weekly collaborative live tutorials that allow you to develop and practice your skills in applying the law to fact scenarios and legal problem solving, oral and written communication, and research. During the live tutorials, you will apply the law to fact scenarios and practice communicating your advice orally and in writing.
- Collaboration with peers and experts to network and share your understandings.
Feedback on Learning and Assessment
You are provided with feedback to assist your learning throughout the semester. The feedback is provided through:
• The discussions in the live tutorials
• Potential for feedback from legal professionals and related organisations
• Online interactive and other materials
• The individual feedback provided on assessment with the completed Criteria Referenced Assessment form
• Generic feedback posted on the unit's Canvas for each item of assessment
• Examples of past student assessment, and
• The option of consultation with a member of the teaching team.
Assessment
Overview
In this unit you are graded on a scale of one to seven.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Research and Problem Solving Paper
In this assessment you will research and prepare a response to a topic and relevant supporting materials. For example, acting as legal counsel for either the Plaintiffs or Defendants, you may be required to analyse and draft pleadings, draft a position statement, identify further instructions required from your client, prepare for a negotiation (which may include a mediation session) and written advice to your client, including the appropriate documentation, which may include a draft offer to settle, outline of argument or court documents.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Examination
The end-of-semester examination (open book) will assess your knowledge and understanding of the topics of the unit and will consist of problems that assess your ability to analyse fact situations, extract relevant legal issues and argue the application of the law to the facts to reach a conclusion. All topics of the unit are examinable.
Academic Integrity
Academic integrity is a commitment to undertaking academic work and assessment in a manner that is ethical, fair, honest, respectful and accountable.
The Academic Integrity Policy sets out the range of conduct that can be a failure to maintain the standards of academic integrity. This includes, cheating in exams, plagiarism, self-plagiarism, collusion and contract cheating. It also includes providing fraudulent or altered documentation in support of an academic concession application, for example an assignment extension or a deferred exam.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Breaching QUT’s Academic Integrity Policy or engaging in conduct that may defeat or compromise the purpose of assessment can lead to a finding of student misconduct (Code of Conduct – Student) and result in the imposition of penalties under the Management of Student Misconduct Policy, ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
Stephen Colbran et al, Civil Procedure: Commentary and Materials (LexisNexis Butterworths, 8th ed, 2022)
Recommended text(s)
Bernard Cairns, Australian Civil Procedure (Thomson Reuters, 12th ed, 2019)
Kylie Downes QC, Back to Basics (Queensland Law Society, 3rd ed, 2020)
Laurence Boulle and Nadja Alexander, Mediation: Skills and Techniques (LexisNexis Butterworths, 3rd ed, 2020)
Sheryl Jackson and Julie Pastellas, System@Law Litigator's Toolkit (On-Line Service, Elegals). This reference can be accessed through the unit's Canvas site under Learning Resources.
Stephen Colbran et al, Civil Procedure: Study Guide (LexisNexis Butterworths, 3rd ed, 2022)
Tim Lethbridge, Elise Croft and Jessica Henderson, Civil Litigation: Strategy and
Practice (LexisNexis, 2022)
Risk Assessment Statement
There are no out-of-the-ordinary risks associated with this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Research and Problem Solving Paper, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Research and Problem Solving Paper, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Research and Problem Solving Paper - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Research and Problem Solving Paper, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Research and Problem Solving Paper, Examination - Making professional and ethical judgements
Relates to: ULO4, Research and Problem Solving Paper, Examination
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Research and Problem Solving Paper, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Research and Problem Solving Paper, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Research and Problem Solving Paper - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Research and Problem Solving Paper, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Research and Problem Solving Paper, Examination - Making professional and ethical judgements
Relates to: ULO4, Research and Problem Solving Paper, Examination
Unit Outline: Semester 2 2023, Online
| Unit code: | LLB306 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB103 and LLB202 |
| Anti-requisite: | LWB431 |
Overview
In this unit, you will study the rules of civil procedure and alternative dispute resolution in the Queensland State courts. This includes jurisdiction, the initiation and service of process, the definition of issues through pleadings, judgment and enforcement. An understanding of civil dispute resolution is required for admission to legal practice. This core unit draws on knowledge you have gained throughout your degree including contract law, torts, statutory interpretation and dispute resolution skills.
Learning Outcomes
On successful completion of this unit you will be able to:
- Apply procedural law to real world issues and analyse the litigation process in order to advise clients (CLOs 1.1, 2.1)
- Apply the Uniform Civil Procedure Rules to draft a range of court documents in the context of the litigation process (CLOs 1.1, 4.1)
- Apply creative thinking and legal problem solving to procedural problems (CLOs 2.1, 2.2)
- Communicate a position that reflects legal and non-legal considerations (CLOs 4.1, 4.2, 5.1)
Content
The content of this unit includes:
- The relevant rules of civil procedure, with a particular emphasis on the rules in Queensland, including rules concerning jurisdiction and the initiation and service process
- The adversarial system and alternate methods of dispute resolution
- The definition of issues in the procedural process
- e-lodgement, and
- Judgment, appeals, costs and enforcement
Learning Approaches
This unit employs real world and inquiry-based learning through an authentic scenario-based approach to analysing the litigation process and is practically oriented in solving disputes. The unit employs an active and collaborative approach to learning to develop your understanding of civil procedure processes and develop your negotiation and problem solving skills. It involves an online, self-led learning practice and live tutorials where you will learn from experts and your peers. Prior to tutorials, you will be supported and engaged in this unit through the delivery of weekly snapshots of unit material, podcasts delivered by experts, interactive quizzes and formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives.
Your participation in this unit will include:
- Independent review of relevant content via weekly online resources.
- Participation in weekly collaborative live tutorials that allow you to develop and practice your skills in applying the law to fact scenarios and legal problem solving, oral and written communication, and research. During the live tutorials, you will apply the law to fact scenarios and practice communicating your advice orally and in writing.
- Collaboration with peers and experts to network and share your understandings.
Feedback on Learning and Assessment
You are provided with feedback to assist your learning throughout the semester. The feedback is provided through:
• The discussions in the live tutorials
• Potential for feedback from legal professionals and related organisations
• Online interactive and other materials
• The individual feedback provided on assessment with the completed Criteria Referenced Assessment form
• Generic feedback posted on the unit's Canvas for each item of assessment
• Examples of past student assessment, and
• The option of consultation with a member of the teaching team.
Assessment
Overview
In this unit you are graded on a scale of one to seven.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Research and Problem Solving Paper
In this assessment you will research and prepare a response to a topic and relevant supporting materials. For example, acting as legal counsel for either the Plaintiffs or Defendants, you may be required to analyse and draft pleadings, draft a position statement, identify further instructions required from your client, prepare for a negotiation (which may include a mediation session) and written advice to your client, including the appropriate documentation, which may include a draft offer to settle, outline of argument or court documents.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Examination
The end-of-semester examination (open book) will assess your knowledge and understanding of the topics of the unit and will consist of problems that assess your ability to analyse fact situations, extract relevant legal issues and argue the application of the law to the facts to reach a conclusion. All topics of the unit are examinable.
Academic Integrity
Academic integrity is a commitment to undertaking academic work and assessment in a manner that is ethical, fair, honest, respectful and accountable.
The Academic Integrity Policy sets out the range of conduct that can be a failure to maintain the standards of academic integrity. This includes, cheating in exams, plagiarism, self-plagiarism, collusion and contract cheating. It also includes providing fraudulent or altered documentation in support of an academic concession application, for example an assignment extension or a deferred exam.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Breaching QUT’s Academic Integrity Policy or engaging in conduct that may defeat or compromise the purpose of assessment can lead to a finding of student misconduct (Code of Conduct – Student) and result in the imposition of penalties under the Management of Student Misconduct Policy, ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
Stephen Colbran et al, Civil Procedure: Commentary and Materials (LexisNexis Butterworths, 8th ed, 2022)
Recommended text(s)
Bernard Cairns, Australian Civil Procedure (Thomson Reuters, 12th ed, 2019)
Kylie Downes QC, Back to Basics (Queensland Law Society, 3rd ed, 2020)
Laurence Boulle and Nadja Alexander, Mediation: Skills and Techniques (LexisNexis Butterworths, 3rd ed, 2020)
Sheryl Jackson and Julie Pastellas, System@Law Litigator's Toolkit (On-Line Service, Elegals). This reference can be accessed through the unit's Canvas site under Learning Resources.
Stephen Colbran et al, Civil Procedure: Study Guide (LexisNexis Butterworths, 3rd ed, 2022)
Tim Lethbridge, Elise Croft and Jessica Henderson, Civil Litigation: Strategy and
Practice (LexisNexis, 2022)
Risk Assessment Statement
There are no out-of-the-ordinary risks associated with this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Research and Problem Solving Paper, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Research and Problem Solving Paper, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Research and Problem Solving Paper - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Research and Problem Solving Paper, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Research and Problem Solving Paper, Examination - Making professional and ethical judgements
Relates to: ULO4, Research and Problem Solving Paper, Examination
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Research and Problem Solving Paper, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Research and Problem Solving Paper, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Research and Problem Solving Paper - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Research and Problem Solving Paper, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Research and Problem Solving Paper, Examination - Making professional and ethical judgements
Relates to: ULO4, Research and Problem Solving Paper, Examination
Unit Outline: Summer 2023, Gardens Point, Internal
| Unit code: | LLB306 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB103 and LLB202 |
| Anti-requisite: | LWB431 |
| Coordinator: | Scott Kiel-Chisholm | s.kielchisholm@qut.edu.au |
Overview
In this unit, you will study the rules of civil procedure and alternative dispute resolution in the Queensland State courts. This includes jurisdiction, the initiation and service of process, the definition of issues through pleadings, judgment and enforcement. An understanding of civil dispute resolution is required for admission to legal practice. This core unit draws on knowledge you have gained throughout your degree including contract law, torts, statutory interpretation and dispute resolution skills.
Learning Outcomes
On successful completion of this unit you will be able to:
- Apply procedural law to real world issues and analyse the litigation process in order to advise clients (CLOs 1.1, 2.1)
- Apply the Uniform Civil Procedure Rules to draft a range of court documents in the context of the litigation process (CLOs 1.1, 4.1)
- Apply creative thinking and legal problem solving to procedural problems (CLOs 2.1, 2.2)
- Communicate a position that reflects legal and non-legal considerations (CLOs 4.1, 4.2, 5.1)
Content
The content of this unit includes:
- The relevant rules of civil procedure, with a particular emphasis on the rules in Queensland, including rules concerning jurisdiction and the initiation and service process
- The adversarial system and alternate methods of dispute resolution
- The definition of issues in the procedural process
- e-lodgement, and
- Judgment, appeals, costs and enforcement
Learning Approaches
This unit employs real world and inquiry-based learning through an authentic scenario-based approach to analysing the litigation process and is practically oriented in solving disputes. The unit employs an active and collaborative approach to learning to develop your understanding of civil procedure processes and develop your negotiation and problem solving skills. It involves an online, self-led learning practice and live tutorials where you will learn from experts and your peers. Prior to tutorials, you will be supported and engaged in this unit through the delivery of weekly snapshots of unit material, podcasts delivered by experts, interactive quizzes and formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives.
Your participation in this unit will include:
- Independent review of relevant content via weekly online resources.
- Participation in weekly collaborative live tutorials that allow you to develop and practice your skills in applying the law to fact scenarios and legal problem solving, oral and written communication, and research. During the live tutorials, you will apply the law to fact scenarios and practice communicating your advice orally and in writing.
- Collaboration with peers and experts to network and share your understandings.
Feedback on Learning and Assessment
You are provided with feedback to assist your learning throughout the semester. The feedback is provided through:
• The discussions in the live tutorials
• Potential for feedback from legal professionals and related organisations
• Online interactive and other materials
• The individual feedback provided on assessment with the completed Criteria Referenced Assessment form
• Generic feedback posted on the unit's Canvas for each item of assessment
• Examples of past student assessment, and
• The option of consultation with a member of the teaching team.
Assessment
Overview
In this unit you are graded on a scale of one to seven.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Research and Problem Solving Paper
In this assessment you will research and prepare a response to a topic and relevant supporting materials. For example, acting as legal counsel for either the Plaintiffs or Defendants, you may be required to analyse and draft pleadings, draft a position statement, identify further instructions required from your client, prepare for a negotiation (which may include a mediation session) and written advice to your client, including the appropriate documentation, which may include a draft offer to settle, outline of argument or court documents.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Examination
The end-of-semester examination (open book) will assess your knowledge and understanding of the topics of the unit and will consist of problems that assess your ability to analyse fact situations, extract relevant legal issues and argue the application of the law to the facts to reach a conclusion. All topics of the unit are examinable.
Academic Integrity
Academic integrity is a commitment to undertaking academic work and assessment in a manner that is ethical, fair, honest, respectful and accountable.
The Academic Integrity Policy sets out the range of conduct that can be a failure to maintain the standards of academic integrity. This includes, cheating in exams, plagiarism, self-plagiarism, collusion and contract cheating. It also includes providing fraudulent or altered documentation in support of an academic concession application, for example an assignment extension or a deferred exam.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Breaching QUT’s Academic Integrity Policy or engaging in conduct that may defeat or compromise the purpose of assessment can lead to a finding of student misconduct (Code of Conduct – Student) and result in the imposition of penalties under the Management of Student Misconduct Policy, ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
Stephen Colbran et al, Civil Procedure: Commentary and Materials (LexisNexis Butterworths, 8th ed, 2022)
Recommended text(s)
Bernard Cairns, Australian Civil Procedure (Thomson Reuters, 12th ed, 2019)
Kylie Downes QC, Back to Basics (Queensland Law Society, 3rd ed, 2020)
Laurence Boulle and Nadja Alexander, Mediation: Skills and Techniques (LexisNexis Butterworths, 3rd ed, 2020)
Sheryl Jackson and Julie Pastellas, System@Law Litigator's Toolkit (On-Line Service, Elegals). This reference can be accessed through the unit's Canvas site under Learning Resources.
Stephen Colbran et al, Civil Procedure: Study Guide (LexisNexis Butterworths, 3rd ed, 2022)
Tim Lethbridge, Elise Croft and Jessica Henderson, Civil Litigation: Strategy and
Practice (LexisNexis, 2022)
Risk Assessment Statement
There are no out-of-the-ordinary risks associated with this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Research and Problem Solving Paper, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Research and Problem Solving Paper, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Research and Problem Solving Paper - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Research and Problem Solving Paper, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Research and Problem Solving Paper, Examination - Making professional and ethical judgements
Relates to: ULO4, Research and Problem Solving Paper, Examination
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Research and Problem Solving Paper, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Research and Problem Solving Paper, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Research and Problem Solving Paper - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Research and Problem Solving Paper, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Research and Problem Solving Paper, Examination - Making professional and ethical judgements
Relates to: ULO4, Research and Problem Solving Paper, Examination
Unit Outline: Summer 2023, Online
| Unit code: | LLB306 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB103 and LLB202 |
| Anti-requisite: | LWB431 |
Overview
In this unit, you will study the rules of civil procedure and alternative dispute resolution in the Queensland State courts. This includes jurisdiction, the initiation and service of process, the definition of issues through pleadings, judgment and enforcement. An understanding of civil dispute resolution is required for admission to legal practice. This core unit draws on knowledge you have gained throughout your degree including contract law, torts, statutory interpretation and dispute resolution skills.
Learning Outcomes
On successful completion of this unit you will be able to:
- Apply procedural law to real world issues and analyse the litigation process in order to advise clients (CLOs 1.1, 2.1)
- Apply the Uniform Civil Procedure Rules to draft a range of court documents in the context of the litigation process (CLOs 1.1, 4.1)
- Apply creative thinking and legal problem solving to procedural problems (CLOs 2.1, 2.2)
- Communicate a position that reflects legal and non-legal considerations (CLOs 4.1, 4.2, 5.1)
Content
The content of this unit includes:
- The relevant rules of civil procedure, with a particular emphasis on the rules in Queensland, including rules concerning jurisdiction and the initiation and service process
- The adversarial system and alternate methods of dispute resolution
- The definition of issues in the procedural process
- e-lodgement, and
- Judgment, appeals, costs and enforcement
Learning Approaches
This unit employs real world and inquiry-based learning through an authentic scenario-based approach to analysing the litigation process and is practically oriented in solving disputes. The unit employs an active and collaborative approach to learning to develop your understanding of civil procedure processes and develop your negotiation and problem solving skills. It involves an online, self-led learning practice and live tutorials where you will learn from experts and your peers. Prior to tutorials, you will be supported and engaged in this unit through the delivery of weekly snapshots of unit material, podcasts delivered by experts, interactive quizzes and formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives.
Your participation in this unit will include:
- Independent review of relevant content via weekly online resources.
- Participation in weekly collaborative live tutorials that allow you to develop and practice your skills in applying the law to fact scenarios and legal problem solving, oral and written communication, and research. During the live tutorials, you will apply the law to fact scenarios and practice communicating your advice orally and in writing.
- Collaboration with peers and experts to network and share your understandings.
Feedback on Learning and Assessment
You are provided with feedback to assist your learning throughout the semester. The feedback is provided through:
• The discussions in the live tutorials
• Potential for feedback from legal professionals and related organisations
• Online interactive and other materials
• The individual feedback provided on assessment with the completed Criteria Referenced Assessment form
• Generic feedback posted on the unit's Canvas for each item of assessment
• Examples of past student assessment, and
• The option of consultation with a member of the teaching team.
Assessment
Overview
In this unit you are graded on a scale of one to seven.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Research and Problem Solving Paper
In this assessment you will research and prepare a response to a topic and relevant supporting materials. For example, acting as legal counsel for either the Plaintiffs or Defendants, you may be required to analyse and draft pleadings, draft a position statement, identify further instructions required from your client, prepare for a negotiation (which may include a mediation session) and written advice to your client, including the appropriate documentation, which may include a draft offer to settle, outline of argument or court documents.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Examination
The end-of-semester examination (open book) will assess your knowledge and understanding of the topics of the unit and will consist of problems that assess your ability to analyse fact situations, extract relevant legal issues and argue the application of the law to the facts to reach a conclusion. All topics of the unit are examinable.
Academic Integrity
Academic integrity is a commitment to undertaking academic work and assessment in a manner that is ethical, fair, honest, respectful and accountable.
The Academic Integrity Policy sets out the range of conduct that can be a failure to maintain the standards of academic integrity. This includes, cheating in exams, plagiarism, self-plagiarism, collusion and contract cheating. It also includes providing fraudulent or altered documentation in support of an academic concession application, for example an assignment extension or a deferred exam.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Breaching QUT’s Academic Integrity Policy or engaging in conduct that may defeat or compromise the purpose of assessment can lead to a finding of student misconduct (Code of Conduct – Student) and result in the imposition of penalties under the Management of Student Misconduct Policy, ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
Stephen Colbran et al, Civil Procedure: Commentary and Materials (LexisNexis Butterworths, 8th ed, 2022)
Recommended text(s)
Bernard Cairns, Australian Civil Procedure (Thomson Reuters, 12th ed, 2019)
Kylie Downes QC, Back to Basics (Queensland Law Society, 3rd ed, 2020)
Laurence Boulle and Nadja Alexander, Mediation: Skills and Techniques (LexisNexis Butterworths, 3rd ed, 2020)
Sheryl Jackson and Julie Pastellas, System@Law Litigator's Toolkit (On-Line Service, Elegals). This reference can be accessed through the unit's Canvas site under Learning Resources.
Stephen Colbran et al, Civil Procedure: Study Guide (LexisNexis Butterworths, 3rd ed, 2022)
Tim Lethbridge, Elise Croft and Jessica Henderson, Civil Litigation: Strategy and
Practice (LexisNexis, 2022)
Risk Assessment Statement
There are no out-of-the-ordinary risks associated with this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Research and Problem Solving Paper, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Research and Problem Solving Paper, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Research and Problem Solving Paper - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Research and Problem Solving Paper, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Research and Problem Solving Paper, Examination - Making professional and ethical judgements
Relates to: ULO4, Research and Problem Solving Paper, Examination
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Research and Problem Solving Paper, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Research and Problem Solving Paper, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Research and Problem Solving Paper - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Research and Problem Solving Paper, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Research and Problem Solving Paper, Examination - Making professional and ethical judgements
Relates to: ULO4, Research and Problem Solving Paper, Examination