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2020 unit information
Classes and seminars in Trimester 3, 2020 will be online.
Last updated: 5 October 2020
Students will on average spend 150 hours over the teaching period undertaking the teaching, learning and assessment activities for this unit.
3h class + 1h seminar per week
3h class (recordings provided) + 1h online seminar per week
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.
These are the Learning Outcomes (ULO) for this UnitAt the completion of this Unit, successful students can:
Deakin Graduate Learning Outcomes
ULO1
Describe the principles of the adversary system and case management systems; have detailed knowledge of the Court hierarchy in Victoria.
ULO2
Choose the proper court and parties for a particular action in the Supreme Court; know and understand "service rules" and the jurisdiction of the Supreme Court to hear and determine cases.
ULO3
Identify the relevant principles of res judicata and issue estoppel.
ULO4
Have knowledge of the rules of pleadings and be able to apply those rules in drawing appropriate court documents.
GLO1: Discipline-specific knowledge and capabilitiesGLO7: Teamwork
ULO5
Know and understand the Discovery rules and have a solid understanding in relation to the costs of an action in the Supreme Court.
ULO6
The impact of the Civil Procedure Act 2010 (Vic) on traditional principles and the importance of ADR provisions.
GLO1: Discipline-specific knowledge and capabilitiesGLO5: Problem solvingGLO7: Teamwork
These Unit Learning Outcomes are applicable for all teaching periods throughout the year
The assessment due weeks provided may change. The Unit Chair will clarify the exact assessment requirements, including the due date, at the start of the teaching period.
Hurdle Requirement: achieve at least 50% of the marks available on the examination.
From T3 2020: NIL
The texts and reading list for the unit can be found on the University Library via the link below: MLL391 Note: Select the relevant trimester reading list. Please note that a future teaching period's reading list may not be available until a month prior to the start of that teaching period so you may wish to use the relevant trimester's prior year reading list as a guide only.
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