LLB306 Civil Dispute Resolution
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): | LLB202 |
| Antirequisite(s): | LWB431 |
| Credit points: | 12 |
| Timetable | Details in HiQ, if available |
| Availabilities |
|
| CSP student contribution | $2,040 |
| Pre-2021 CSP student contribution | $1,597 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 | $3,024 |
| International unit fee | $4,044 |
Unit Outline: Semester 2 2024, Gardens Point, Internal
| Unit code: | LLB306 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | 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 the knowledge that 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 - pleadings, notices to admit and other devices.
- The digitisation of court processes, including electronic disclosure, e-trials and e-lodgement.
- Joinder of claims and parties, obtaining evidence, extra-judicial determination of issues and defining the questions for trial.
- Judgment, appeals, costs and enforcement.
Learning Approaches
This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with direct interaction with your instructors and peers and there is an expectation that you will attend live lectures and tutorials.
Prior to the live learning sessions, you will be supported through weekly unit material, interactive quizzes and formative learning activities that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- Engagement in live lectures that facilitate discussion. In these lectures, you will have the opportunity to solidify threshold understandings of unit content and assessment requirements.
- Collaboration and discussion with peers and academic staff in live tutorials to network and apply your understandings.
- Participation in tutorials that allow you to develop and practice your oral communication, critical analysis and legal problem-solving skills.
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.
Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Mediation and Drafting Exercise
Acting as legal counsel for either the Plaintiffs or Defendants, you will prepare for and negotiate a real-world legal dispute in a mediation session before going to court. The mediation exercise will be conducted in Weeks 4 and 5. The dispute will be based on your knowledge of civil procedure. After the mediation session, you will be required to draft a pleading and reflect on the mediation.
The drafting exercise of this assessment task will be due in Week 7 and is eligible for the 48-hour late submission period and assignment extensions, but you will be expected to engage in a live tutorial (on campus or online) to complete the mediation exercise component. The 48-hour late submission period does not apply and no extension is available for this component of the assessment task.
Assessment: Examination
An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
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.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties 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, Mediation and Drafting Exercise, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Mediation and Drafting Exercise, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Mediation and Drafting Exercise - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Mediation and Drafting Exercise, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Mediation and Drafting Exercise, Examination - Making professional and ethical judgements
Relates to: ULO4, Mediation and Drafting Exercise, 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, Mediation and Drafting Exercise, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Mediation and Drafting Exercise, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Mediation and Drafting Exercise - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Mediation and Drafting Exercise, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Mediation and Drafting Exercise, Examination - Making professional and ethical judgements
Relates to: ULO4, Mediation and Drafting Exercise, Examination
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Mediation and Drafting Exercise, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Mediation and Drafting Exercise, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Mediation and Drafting Exercise - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Mediation and Drafting Exercise, Examination - Using effective oral, visual or other professional communication in diverse contexts
Relates to: ULO4, Mediation and Drafting Exercise, Examination - Making professional and ethical judgements
Relates to: ULO4, Mediation and Drafting Exercise, Examination
LW39 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Mediation and Drafting Exercise, Examination - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Mediation and Drafting Exercise, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Mediation and Drafting Exercise - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Mediation and Drafting Exercise, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Mediation and Drafting Exercise, Examination - Making professional and ethical judgements
Relates to: ULO4, Mediation and Drafting Exercise, Examination
Unit Outline: Semester 2 2024, Online
| Unit code: | LLB306 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | 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 the knowledge that 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 - pleadings, notices to admit and other devices.
- The digitisation of court processes, including electronic disclosure, e-trials and e-lodgement.
- Joinder of claims and parties, obtaining evidence, extra-judicial determination of issues and defining the questions for trial.
- Judgment, appeals, costs and enforcement.
Learning Approaches
This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with direct interaction with your instructors and peers and there is an expectation that you will attend live lectures and tutorials.
Prior to the live learning sessions, you will be supported through weekly unit material, interactive quizzes and formative learning activities that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- Engagement in live lectures that facilitate discussion. In these lectures, you will have the opportunity to solidify threshold understandings of unit content and assessment requirements.
- Collaboration and discussion with peers and academic staff in live tutorials to network and apply your understandings.
- Participation in tutorials that allow you to develop and practice your oral communication, critical analysis and legal problem-solving skills.
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.
Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Mediation and Drafting Exercise
Acting as legal counsel for either the Plaintiffs or Defendants, you will prepare for and negotiate a real-world legal dispute in a mediation session before going to court. The mediation exercise will be conducted in Weeks 4 and 5. The dispute will be based on your knowledge of civil procedure. After the mediation session, you will be required to draft a pleading and reflect on the mediation.
The drafting exercise of this assessment task will be due in Week 7 and is eligible for the 48-hour late submission period and assignment extensions, but you will be expected to engage in a live tutorial (on campus or online) to complete the mediation exercise component. The 48-hour late submission period does not apply and no extension is available for this component of the assessment task.
Assessment: Examination
An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
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.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties 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, Mediation and Drafting Exercise, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Mediation and Drafting Exercise, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Mediation and Drafting Exercise - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Mediation and Drafting Exercise, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Mediation and Drafting Exercise, Examination - Making professional and ethical judgements
Relates to: ULO4, Mediation and Drafting Exercise, 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, Mediation and Drafting Exercise, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Mediation and Drafting Exercise, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Mediation and Drafting Exercise - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Mediation and Drafting Exercise, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Mediation and Drafting Exercise, Examination - Making professional and ethical judgements
Relates to: ULO4, Mediation and Drafting Exercise, Examination
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Mediation and Drafting Exercise, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Mediation and Drafting Exercise, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Mediation and Drafting Exercise - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Mediation and Drafting Exercise, Examination - Using effective oral, visual or other professional communication in diverse contexts
Relates to: ULO4, Mediation and Drafting Exercise, Examination - Making professional and ethical judgements
Relates to: ULO4, Mediation and Drafting Exercise, Examination
LW39 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Mediation and Drafting Exercise, Examination - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Mediation and Drafting Exercise, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Mediation and Drafting Exercise - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Mediation and Drafting Exercise, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Mediation and Drafting Exercise, Examination - Making professional and ethical judgements
Relates to: ULO4, Mediation and Drafting Exercise, Examination
Unit Outline: Summer 2024, Gardens Point, Internal
| Unit code: | LLB306 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | 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 the knowledge that 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 - pleadings, notices to admit and other devices.
- The digitisation of court processes, including electronic disclosure, e-trials and e-lodgement.
- Joinder of claims and parties, obtaining evidence, extra-judicial determination of issues and defining the questions for trial.
- Judgment, appeals, costs and enforcement.
Learning Approaches
This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with direct interaction with your instructors and peers and there is an expectation that you will attend live lectures and tutorials.
Prior to the live learning sessions, you will be supported through weekly unit material, interactive quizzes and formative learning activities that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- Engagement in live lectures that facilitate discussion. In these lectures, you will have the opportunity to solidify threshold understandings of unit content and assessment requirements.
- Collaboration and discussion with peers and academic staff in live tutorials to network and apply your understandings.
- Participation in tutorials that allow you to develop and practice your oral communication, critical analysis and legal problem-solving skills.
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.
Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Mediation and Drafting Exercise
Acting as legal counsel for either the Plaintiffs or Defendants, you will prepare for and negotiate a real-world legal dispute in a mediation session before going to court. The mediation exercise will be conducted in Weeks 4 and 5. The dispute will be based on your knowledge of civil procedure. After the mediation session, you will be required to draft a pleading and reflect on the mediation.
The drafting exercise of this assessment task will be due in Week 7 and is eligible for the 48-hour late submission period and assignment extensions, but you will be expected to engage in a live tutorial (on campus or online) to complete the mediation exercise component. The 48-hour late submission period does not apply and no extension is available for this component of the assessment task.
Assessment: Examination
An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
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.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties 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, Mediation and Drafting Exercise, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Mediation and Drafting Exercise, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Mediation and Drafting Exercise - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Mediation and Drafting Exercise, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Mediation and Drafting Exercise, Examination - Making professional and ethical judgements
Relates to: ULO4, Mediation and Drafting Exercise, 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, Mediation and Drafting Exercise, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Mediation and Drafting Exercise, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Mediation and Drafting Exercise - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Mediation and Drafting Exercise, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Mediation and Drafting Exercise, Examination - Making professional and ethical judgements
Relates to: ULO4, Mediation and Drafting Exercise, Examination
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Mediation and Drafting Exercise, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Mediation and Drafting Exercise, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Mediation and Drafting Exercise - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Mediation and Drafting Exercise, Examination - Using effective oral, visual or other professional communication in diverse contexts
Relates to: ULO4, Mediation and Drafting Exercise, Examination - Making professional and ethical judgements
Relates to: ULO4, Mediation and Drafting Exercise, Examination
LW39 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Mediation and Drafting Exercise, Examination - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Mediation and Drafting Exercise, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Mediation and Drafting Exercise - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Mediation and Drafting Exercise, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Mediation and Drafting Exercise, Examination - Making professional and ethical judgements
Relates to: ULO4, Mediation and Drafting Exercise, Examination
Unit Outline: Summer 2024, Online
| Unit code: | LLB306 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | 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 the knowledge that 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 - pleadings, notices to admit and other devices.
- The digitisation of court processes, including electronic disclosure, e-trials and e-lodgement.
- Joinder of claims and parties, obtaining evidence, extra-judicial determination of issues and defining the questions for trial.
- Judgment, appeals, costs and enforcement.
Learning Approaches
This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with direct interaction with your instructors and peers and there is an expectation that you will attend live lectures and tutorials.
Prior to the live learning sessions, you will be supported through weekly unit material, interactive quizzes and formative learning activities that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- Engagement in live lectures that facilitate discussion. In these lectures, you will have the opportunity to solidify threshold understandings of unit content and assessment requirements.
- Collaboration and discussion with peers and academic staff in live tutorials to network and apply your understandings.
- Participation in tutorials that allow you to develop and practice your oral communication, critical analysis and legal problem-solving skills.
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.
Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Mediation and Drafting Exercise
Acting as legal counsel for either the Plaintiffs or Defendants, you will prepare for and negotiate a real-world legal dispute in a mediation session before going to court. The mediation exercise will be conducted in Weeks 4 and 5. The dispute will be based on your knowledge of civil procedure. After the mediation session, you will be required to draft a pleading and reflect on the mediation.
The drafting exercise of this assessment task will be due in Week 7 and is eligible for the 48-hour late submission period and assignment extensions, but you will be expected to engage in a live tutorial (on campus or online) to complete the mediation exercise component. The 48-hour late submission period does not apply and no extension is available for this component of the assessment task.
Assessment: Examination
An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
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.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties 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, Mediation and Drafting Exercise, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Mediation and Drafting Exercise, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Mediation and Drafting Exercise - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Mediation and Drafting Exercise, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Mediation and Drafting Exercise, Examination - Making professional and ethical judgements
Relates to: ULO4, Mediation and Drafting Exercise, 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, Mediation and Drafting Exercise, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Mediation and Drafting Exercise, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Mediation and Drafting Exercise - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Mediation and Drafting Exercise, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Mediation and Drafting Exercise, Examination - Making professional and ethical judgements
Relates to: ULO4, Mediation and Drafting Exercise, Examination
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Mediation and Drafting Exercise, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Mediation and Drafting Exercise, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Mediation and Drafting Exercise - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Mediation and Drafting Exercise, Examination - Using effective oral, visual or other professional communication in diverse contexts
Relates to: ULO4, Mediation and Drafting Exercise, Examination - Making professional and ethical judgements
Relates to: ULO4, Mediation and Drafting Exercise, Examination
LW39 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Mediation and Drafting Exercise, Examination - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO1, ULO3, Mediation and Drafting Exercise, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO3, Mediation and Drafting Exercise - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Mediation and Drafting Exercise, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Mediation and Drafting Exercise, Examination - Making professional and ethical judgements
Relates to: ULO4, Mediation and Drafting Exercise, Examination