75401 Litigation

Requisite(s): 75412c Legal Skills and Professional Awareness AND 132 credit points of completed study in C04148 Master of Law and Legal Practice

These requisites may not apply to students in certain courses. See access conditions.

This subject deals with the formal processes of civil and criminal litigation and builds upon learning from other subjects studied. It complements Advocacy (75413), and aims above all to be practical. 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. In criminal law, students deal with case management from charging, through to trial and acquittal, or to sentence and appeal. This subject is practical, omitting unnecessary theory. It incorporates trends in litigation, and students scrutinise and draft pleadings to obtain the best possible result. Students practice skills through simulating the litigation of a contract claim in the District Court or conducting a criminal indictable offence from the Local Court to the District Court or even the Court of Criminal Appeal.

This subject aims to provide the following skills.

• The ability to ascertain and apply rules and substantive laws relevant to criminal and civil disputes.
• Advise and represent clients in criminal justice and civil litigation matters in State and Federal jurisdictions.
• Evaluate the means available to achieve resolution of a dispute and, where appropriate, implement a more effective strategy.

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).

Typical availability

Autumn semester, City campus
Spring semester, City campus