75421 Civil Litigation

This subject deals with the practicalities of civil litigation in New South Wales courts governed by the 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 manage 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 subject is taught by way of a weekly 1.5 hour lecture and 1.5 hour workshop. Students are encouraged to reflect on, and discuss, relevant issues as they arise. In particular, each student prepares a court report based on a court attendance, and this has the effect of facilitating a considered approach to understanding the courts in action. Students are also encouraged to develop effective drafting skills.

This subject aims to provide an understanding of the workings of the Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005 and a learning opportunity 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