MLP391 - Civil Procedure and Dispute Resolution
| Year: | 2024 unit information |
|---|---|
| Enrolment modes: | Trimester 2: Burwood (Melbourne), Waterfront (Geelong), Online, Community Based Delivery (CBD)* |
| Credit point(s): | 1 |
| Previously coded as: | MLL391 |
| EFTSL value: | 0.125 |
| Cohort rule: | For Bachelor of Laws (including combined Law awards) students only |
| Prerequisite: | Students must have passed MLP213 and MLP219 plus 5 additional MLL/MLP/MLT coded law units |
| Corequisite: | Nil |
| Incompatible with: | MLL391 |
| Study commitment | Students will on average spend 150 hours over the teaching period undertaking the teaching, learning and assessment activities for this unit. This will include educator guided online learning activities within the unit site. |
| Scheduled learning activities - campus | Online independent and asynchronous collaborative learning up to a maximum of 2 hours each week which includes lecture pre-recordings and 1 x 2 hour on-campus seminar (recordings provided) each week |
| Scheduled learning activities - online | Online independent and asynchronous collaborative learning up to a maximum of 2 hours each week which includes lecture pre-recordings and 1 x 2 hour online seminar (recordings provided) each week |
| Note: | *Community Based Delivery (CBD) is for National Indigenous Knowledges, Education, Research and Innovation NIKERI Institute students only. |
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, it broadens jurisdictional knowledge by comparing procedural rules with those of the other State and Territory, and, where relevant, foreign jurisdictions, and is 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.
Unit Fee Information
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