71005 Practice and Procedure

Requisite(s): 70516c Equity and Trusts
Undergraduate and Postgraduate
Subject coordinator: M Evers

This subject deals with the practicalities of civil litigation in New South Wales in courts governed by the Uniform Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005, namely the Supreme Court, the District Court, the Local Court and the Dust Diseases Tribunal. There is a particular focus on the Supreme Court because it is assumed that if students can learn to run a case in the Supreme Court, the skills they acquire in this jurisdiction can be readily applied in other jurisdictions.

Areas of study in this subject include the commencement of proceedings, interlocutory applications, the filing of documents, representation, pleadings, service and delivery of documents, defences and orders. The course is taught in a seminar fashion and students are enouraged to contribute to the discussion of issues as they arise. In particular, a diary of court attendance is kept, and this has the effect of facilitating a considered approach to understanding the courts in action.

This subject aims to provide an understanding of the workings of the Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005. And the ability to:

• apply and use the rules in relevant fact and problem situations
• draft basic pleadings, and
• complete the relevant assessment components of the course.

Typical availability

Autumn semester, City campus
Spring semester, City campus