75401 Litigation¹

In this subject, students learn to master the processes of civil and criminal litigation. In civil law, students study aspects from commencement of proceedings to enforcement of judgment. They examine the court's rules, the court's role in case management, and various forms of alternative dispute resolution. The litigation of a contract claim in the District Court is used as a vehicle for obtaining a practical grasp of the litigation process.

In criminal law, students deal with case management from charging through to trial and acquittal, or to sentence and appeal. The conduct of a criminal indictable offence from the Local Court to the District Court or even the Court of Criminal Appeal is often the vehicle here. This subject is practically oriented, omitting unnecessary theory. To help keep it practical, the subject incorporates trends in litigation, and students scrutinise and draft pleadings to obtain the best possible result.

Assessment: End of year examination (45 per cent); practice file (25 per cent); responsibility for learning submission (20 per cent); and either a statement of claim or submissions on bail applicatio, or other criminal application as allocated by the lecturer (10 per cent).

Texts and references

Dunstone, S, A Practical Guide to Pleadings, 2nd edn, Law Book Information Services, North Ryde, 1997

A useful and recommended reference is:

Aitken, J K, Butt, P, & Piesse P, The Elements of Drafting, 10th edn, Law Book Company, Pyrmont, 2004

Typical availability

Autumn semester, City campus
Autumn semester, City campus
Spring semester, City campus
Spring semester, City campus

Footnote(s)

1. This subject is offered either on-campus or by distance, requiring no on-site attendence.