Skip navigation

LEGW8104 Civil Practice

LEGW8104 is only available under certain award programs.

Offered By Legal Workshop
Academic Career Graduate Coursework
Course Subject Legal Practice
Offered in Summer Session, 2009, Winter Session, 2009, Summer Session, 2010, Winter Session, 2010, and Winter Session, 2010
Unit Value 6 units
Course Description

Students acquire knowledge and skills in practice and procedure to enable them to manage a basic civil action in tort or contract. The content of the course includes:

  • the choice of forum
  • alternative dispute resolution
  • initiation of proceedings
  • litigation strategy
  • pleadings
  • gathering evidence
  • discovery and interrogatories
  • interlocutory proceedings
  • affidavits
  • costing
  • file and case management
  • briefs to counsel
  • enforcement of judgments.
Learning Outcomes Upon completion of the course, students should be able to:
  • advise a client in a simple civil liability dispute on resolving the dispute in a cost effective and timely way, by litigation or alternative methods, in the client's best interests
  • draft some court documents in accordance with the applicable court rules
  • make a simple interlocutory application to a court
  • prepare a memorandum of evidence in a client's case being prepared for trial
  • advise a client on the effects of a judgment, enforcement of that judgment and costs orders.
Indicative Assessment

In the 2009 WINTER Course there will be 6 assessment elements:

  • a reflective piece which starts with a knowledge and skills self-audit, due on the 3rd day of the course or, where a student enrols in the course after Summer session starts, within 48 hours of enrolment, and concludes with a reflection against that self-audit due at the end of the course
  • a written exercise based on a scenario about a civil claim, which is developed for the next 3 assessments also
  • an exercise involving a court application within that developing scenario
  • a further written exercise within that developing scenario, which may be carried out in a group
  • a final written exercise relating to the scenario.
Workload

This will depend on a student's existing knowledge (see further below).  The course is short (8 weeks) but busy.  At a minimum students will need to read and understand all course materials in Web CT and, through WebCT, students will need to:

  • prepare an initial skills and knowledge ‘self-audit'
  • access and understand 7 audio or 'Camtasia' tutorials and related course materials
  • regularly check the course WebCT site for notices and postings in discussion boards and for any emails to them
  • complete four assessment exercises within a developing hypothetical scenario
  • post a final self-reflection against the initial self-audit, for assessment.

Student feedback indicates that many students under-estimate the work required to pass the course.

Areas of Interest Law
Assumed Knowledge and
Required Skills

IMPORTANT - It will be assumed that you have completed undergraduate studies in torts, contracts, litigation and dispute resolution law/practice and procedure, and evidence

Note that GDLP's Skills for Practice is a pre-requisite.

In addition, because the course is provided via computer (see further below) students need skills to:

  • carry out on-line searching for background and precedent materials such as Acts, rules, practice directions, forms, legal services  - all of which are essential litigator's tools
  • navigate successfully within WebCT.
Corequisites Students enrolled in the Graduate Diploma of Legal Practice must complete the Skills for Practice course before beginning this course.
Incompatibility There are no incompatible courses.
Prescribed Texts These are the audio and written materials provided by Legal Workshop, on-line.
Preliminary Reading

(Suggested - not required)

Any undergraduate study and lecture notes retained from civil procedure/litigation, contracts, torts, evidence.

Cairns, B C, AUSTRALIAN CIVIL PROCEDURE 7th ed, Thomson/Lawbook Co 2007 (Chapters to read are provided in the Introductory Material mailed to students once enrolled.)

The court rules in the jurisdiction in which the student is studying.

Indicative Reading List Reading lists are available through the course website in WebCT.
Technology Requirements This course makes extensive use of online technology for accessing resources, activities and assessment.  It is in your best interests to ensure you have a secure computer, preferably at home, where you can access all on-line information without restriction or difficulty.

If you intend using IT supplied by your employer, please be aware that you are likely to experience difficulties accessing key on-line resources due to firewall and security restrictions.

The computer you intend to use should meet the following minimum specifications.

Hardware

  • CD ROM/ DVD Player
  • Sound Card and speakers
  • Video Card
  • Modem
  • Broadband (dial-up access is not recommended) access to an Internet Service Provider (ISP)
  • Printer

Software

  • The recommended web browsers are Internet Explorer or Safari
  • Adobe Acrobat Reader (Free download)
  • Real Player (Free download)
  • Microsoft Word

WebCT relies heavily on the use of "pop ups". You will need to disable "pop up blockers" for WebCT on your internet browser and or Firewall/Anti virus software and toolbars.

Please note:    Students need ready and very regular access to a reliable computer which can run ‘real-player' or other audio-casting program and/or enable downloads to an MP3 type device.  Access to a printer and paper will also be necessary, if students do not want to deal with material only ‘on-screen'; and access to a land-line phone.
Programs Graduate Diploma in Legal Practice
Other Information

There is no face-to-face class teaching provided by ANU in this course. The course is provided only via ANU WebCT home page for the course.  Therefore the course IS NOT SUITABLE FOR students who either

  • do not have strategies to deal with studying on their own by computer and/or
  • do not have access to a computer for long periods of time, to do the necessary research and writing on line.

Face-to-face meetings with the course co-ordinator, phone and email contact with the course co-ordinator are always welcome.

The class size is typically very large (230 students+). Therefore assistant teachers provide assessment and feedback/comments to students.

 

Academic Contact Lauren Honcope, Senior Lecturer, Legal Workshop, ANU College of Law

The information published on the Study at ANU 2009 website applies to the 2009 academic year only. All information provided on this website replaces the information contained in the Study at ANU 2008 website.

Updated:   13 Nov 2015 / Responsible Officer:   The Registrar / Page Contact:   Student Business Solutions