75423 Litigation and Estate Practice
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2021 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((75424c Legal and Professional Skills AND (102 credit points of completed study in spk(s): STM90688 102cp Core subjects LLB OR 108 credit points of completed study in spk(s): STM90832 LLB Core Subjects OR 108 credit points of completed study in spk(s): STM90831 Juris Doctor Core Subjects) AND (114 credit points of completed study in spk(s): C04236 Juris Doctor OR 162 credit points of completed study in spk(s): C10124 Bachelor of Laws OR 114 credit points of completed study in spk(s): STM90691 144cp Law Stream OR 114 credit points of completed study in spk(s): STM90401 Law Stream Combined Degree BA Communication Bachelor of Laws OR 132 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice)) OR 75424c Legal and Professional Skills )
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Description
This subject is delivered online for Autumn 2021. Lectures are recorded and uploaded to Canvas. Workshops are conducted via Zoom in accordance with the Subject Outline. Students should note that the court room assessment for the criminal law practice option is conducted on campus in the trial courts, but may be conducted online, if required.
This subject encourages students to experience and reflect on the targeted graduate attributes developed by the Faculty of Law.
The subject covers the skills, practice areas and values required of a law student to be admitted to practise law as prescribed by the 'competency standards' set out in the Second Schedule to the Legal Profession Uniform Admission Rules 2015. The subject assumes an understanding of disciplinary knowledge taught in core law subjects in a relevant degree. Students learn and practise the application of this knowledge through the development of skills and reflection in preparation for professional practice as an entry-level lawyer.
This subject is one of four subjects that constitute the Practical Legal Training (PLT) program. It is complemented by the three other PLT subjects: 75424 Legal and Professional Skills, 75422 Transactional Practice and 75411 Practical
Experience.
The subject has three components:
- civil litigation
- wills and estate practice, and
- family law practice
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Critically analyse the theory and key concepts of civil practice and procedure within the court structures in order to provide competent advice and representation to a client. |
|---|---|
| 2. | Apply their understanding of the law, its principles and procedures and ethical considerations to draft documents in accordance with a client’s instructions, conduct effective legal research, identify and resolve problems and provide relevant advice. |
| 3. | Analyse legal issues and evaluate clients’ needs in either a family or criminal Law matter and provide appropriate advice and representation. |
| 4. | Communicate clearly and appropriately in documents and with clients and articulate options effectively within a litigation context, including alternative dispute resolution options. |
| 5. | Utilise self-management skills to advance the interests of a client in the conduct of litigation practice. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including an ability to:
* Identify and articulate complex legal issues in context, including the skill of critical reading and writing;
* Apply reasoning and research to generate appropriate theoretical and practical responses; and
* Demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses. (3.1) - Research Skills
Specialist cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues including an ability to:
* Demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions; and
* Apply ethical research practices. (4.1) - Communication
Well-developed professional and appropriate communication skills including:
* Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
* An ability to inform, analyse, report and persuade;
* An ability to strategically select an appropriate medium and message;
* A cognisance of advanced communication technologies and willingness to adopt where appropriate; and
* An ability to respond respectfully. (5.1)
Teaching and learning strategies
Strategy 1 Student Preparation
Relevant reading resources are identified for each week and students use these readings to obtain a preliminary understanding of the topics developed in lectures, workshops and online discussions. Online readings are also used as a research and reference resource when undertaking the practice file and drafting activities. The readings are listed in the weekly Subject Program and available via Canvas or online at the UTS library.
Preparation is an essential part of a legal practitioner’s work with student preparation providing a basis for developing self-management skills.
Strategy 2 Lectures
Lectures engage students in applying the theory of each of the subject components. Lectures are a key learning strategy in this subject and are recorded to be available for student access and review. The lectures enable students to understand how the law works in practice. Students are then apply to apply the law within the context of their clients’ instructions and to competently advise clients and to undertake legal work in accordance with those instructions. The lectures form the basis for the practical work undertaken in the workshops, online and assessments.
Strategy 3 Workshop activities and drafting
Students engage in weekly workshop activities developing skills in research, document preparation, drafting and problem solving in civil and criminal practice fact scenarios. Students also undertake wills and estate succession practice activities and develop relevant drafting skills in workshops and through online activities progressively through the session. An optional workshop enables off campus students to seek early formative feedback. In these workshops and on the Canvas Discussion Board feedback is provided on students’ development of professional and technical skills. General feedback is given on assessments as well as individual written feedback on assessment tasks. Interim written feedback is given to students on the first stage of the practice file, therefore enabling students to apply the feedback to the second stage of the practice file.
Strategy 4 Applying and Practising Skills
Students consolidate their learning from lectures, online workshop activities and readings through self-managed, guided activities.
These include a civil litigation practice file, will drafting and probate document tasks, research and preparation of documents used in criminal law and court appearances. Students are provided with early and progressive feedback on documents submitted, and courtroom oral presentations, to improve and develop legal practice skills.
Formative feedback on the development of skills needed for legal practice are provided orally by clinical practitioners in workshops and in writing on the online Discussion Board. Students are given guidance on how to reflect as a competent lawyer in relation to working with clients and other professionals, preparing documents and appearing in court. Students also receive feedback on written tasks.
Strategy 5 Planning and Implementing Legal Practice tasks
Students apply their self-management skills to complete a practice based file project in specified stages and associated legal practice tasks. Planning is vital for dealing with legal matters in professional practice and students’ planning and completion of work is a focus of activities in this subject. A clear structure and resources are provided for completion of all the requirements of the practice file, with feedback available at milestones and throughout the session. Students develop their own plan for timely completion based on the weekly steps that are outlined for a civil litigation practice file.
Subject description
The three practice areas covered in this subject include the following content:
- Civil Litigation: The theory of civil practice and procedure in NSW are governed by the Civil Procedure Act 2005 and the Uniform Civil Procedure Rules. Areas of study include identification of case theory, the merits of the case, consideration alternative dispute resolution options, litigation processes including drafting relevant court documents, provision of advice and gathering evidence and preparation for an engagement in a contested judicial hearing.
- Wills and Estate Practice: This component of the subject includes drafting and advising on wills, preparation of documents for probate in the Supreme Court of New South Wales, identifying and advising on issues and problems that arise in will drafting and probate applications.
- Family Law Practice: Students analyse fact scenarios and consider relevant law in drafting an application and affidavit to be filed in Court in an interlocutory family law matter.
Subject Delivery
This subject is delivered online for Autumn 2021. Lectures will be recorded and uploaded to Canvas. Workshops will conducted via Zoom in accordance with the Subject Outline. Students should note that the court room assessment for the family law practice option will be conducted on campus in the trial courts, but may be conducted online, if required.
Content (topics)
Civil Litigation Practice
- Introduction to civil practice and the role of the lawyer in litigation
- Initiating and responding to claims
- Interlocutory and default proceedings
- Gathering and presenting evidence
- Negotiating settlements
- The end of the litigation matter
Wills and Estate Practice
- Wills
- Probate and Letters of Administration
- Administration of Estates and Estate Planning
Family Law Practice Option
- Family Law Practice Overview and ADR
- Applications and Service
- Interlocutory matters, Management of Files, Finalising Matter
Assessment
Assessment task 1: Civil Litigation Practice File
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 3.1, 4.1 and 5.1 |
|---|---|
| Weight: | 50% |
| Length: | The whole of the practice file steps must be completed and submitted for assessment. There is no word limit on the overall practice file, although some steps may be limited in length. Student's ability to record developments on the file thoroughly but efficiently as required in contemporary legal practice will be considered as part of the assessment. |
| Criteria: | In the relevant areas of the practice file we will be looking for evidence that you have fulfilled the following Assessment Criteria for this task:
|
Assessment task 2: Option B: Criminal Law Practice
| Objective(s): | This task addresses the following subject learning objectives: 2 and 5 This task contributes specifically to the development of the following graduate attributes: 3.1 and 4.1 |
|---|---|
| Length: | The case theory analysis document is to be no longer than 1200 words. |
| Criteria: | Students are required to demonstrate they can:
|
Assessment task 3: Wills and Estate Practice
| Objective(s): | This task addresses the following subject learning objectives: 2 This task contributes specifically to the development of the following graduate attributes: 3.1 and 4.1 |
|---|---|
| Weight: | 20% |
| Criteria: | Students are required to demonstrate:
|
Minimum requirements
Students must undertake each of the civil litigation practice, wills and estates practice and the chosen option component and complete all assessments to be eligible to pass this subject.
Recommended texts
CIVIL LITIGATION
- A Civil Litigation Practice Manual Zillmann,Hugh, Thompson Reuters, 2019
- Australian Civil Procedure Cairns, Bernard, 11th edition, Law Book Company, 2016
- Principles of Civl Litigation Bamford & Rankin, 2nd edition, Lawbook Co 2014
- The Practitioner's Guide to Civil Litigation Law Society of NSW, Civil Litigation Committee,3rd edition, 2010
- Principles of Civil Procedure in New South Wales Boniface, Kumar & Legg, Thompson Reuters, 2nd edition, 2012
- College of Law Practice Papers - accessible as e-readings online through UTS library- link in Canvas
WILLS AND ESTATES
- The Law of Succession in New South Wales, Certoma GL 4th ed.Thompson Reuters
- Hutley's Australian Wills Precedents, Roland C, LexisNexis, 7th ed. 2009
- Succession Law and Practice Mason K and Handler L ,LexisNexis Butterworths's loose leaf service (available online)
CRIMINAL LAW PRACTICE
- Proof, Palmer A., 2nd ed., Thomson Reuters, 2010
- An Introduction to Advocacy, Steusser L., Thomson Reuters, 2011
Other resources
CRIMINAL LAW PRACTICE
- Bail Act (NSW) 2013
- Bail Amendment Act 2014 (NSW)
- Criminal Procedure Act (NSW) 1986
- Crimes (Sentencing Procedure) Act (NSW) 1999
- Crimes Act 1900 (NSW)
LITIGATION
You will need to access the Civil Procedure Act 2005 (NSW) and the Uniform Civil Procedure Rules NSW 2005 which can be located on:
- Austlii: austlii.edu.au
- Lawlink: http://www.lawlink.nsw.gov.au
For other NSW legislation or regulations, refer to the NSW Law Link website at http://www.lawlink.nsw.gov.au or www.legislation.nsw.gov.au and search for the act or rules. You will also need to access the Law Society of NSW website at http://www.lawsociety.com.au.