MLL391 - Civil Procedure and Dispute Resolution

Year: 2019 unit information
Enrolment modes: Trimester 2: Burwood (Melbourne), Waterfront (Geelong), Cloud (online)
Credit point(s): 1
Previously coded as: MLL112
EFTSL value: 0.125
Cohort rule: (For Bachelor of Laws students only)
Unit chair:

Sam Cusumano

Prerequisite: MLL111 and MLL213 and must have successfully completed 5 Law (MLL) units.
Corequisite:

Nil

Incompatible with: Nil
Contact hours:

Campus: 3h class + 1h seminar per week

Cloud(online): 3h class (recordings provided) + 1h online seminar per week

Content

The unit investigates the legal process of civil dispute resolution in our society. This unit examines procedural law, which is the law of 'how' one enforces substantive legal rights and duties, or the method through which rights (no matter what they are) get realised in our courts. Although the unit focuses on the Supreme Court of Victoria (General Civil Procedure) Rules, supplemented by cases and scholarly analysis, means of resolving disputes other than traditional litigation are considered. The syllabus roughly follows litigation process and includes the role of the court in an adversarial system; court structure and jurisdiction; initiation of proceedings; pleadings; joinder of claims and parties, including group and representative actions; discovery; dispositions without trial, including summary procedures and compromise; judgment; costs; and forms of alternative dispute resolution such as arbitration and mediation.

Assessment

Assignment (Group of up to 3) 3000 words, 40%

Examination (Open Book) 2 hours, 60%

Hurdle Requirement: achieve at least 50% of the marks available on the examination. 

Unit Fee Information

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