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MLL391 - Civil Procedure and Dispute Resolution

Year:

2021 unit information

Important Update:

Unit delivery will continue to be provided in line with the most current COVIDSafe health guidelines. This may include a mix of on-campus and online activities. To find out how you are impacted, please check your unit sites for announcements and updates. Unit sites open one week prior to the start of each Trimester/Semester.

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Last updated: 4 June 2021

Enrolment modes:Trimester 2: Burwood (Melbourne), Waterfront (Geelong), Cloud (online)
Trimester 3: Cloud (online)
Credit point(s):1
Previously coded as:MLL112
EFTSL value:0.125
Unit Chair:Trimester 2: Claudio Bozzi
Trimester 3: Claudio Bozzi
Cohort rule:

For Bachelor of Laws (including combined Law awards) students only

Prerequisite:

Successful completion of MLL111 and MLL213 plus 5 additional Law (MLL) units.

Corequisite:Nil
Incompatible with: Nil
Typical study commitment:

Students will on average spend 150 hours over the teaching period undertaking the teaching, learning and assessment activities for this unit.

Scheduled learning activities - campus:

3h class + 1h seminar per week

Scheduled learning activities - cloud:

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, 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.

ULO These are the Learning Outcomes (ULO) for this unit. At 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.

GLO1: Discipline-specific knowledge and capabilities

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.

GLO1: Discipline-specific knowledge and capabilities

ULO3

Identify the relevant principles of res judicata and issue estoppel.

GLO1: Discipline-specific knowledge and capabilities

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 capabilities
GLO7: 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.

GLO1: Discipline-specific knowledge and capabilities
GLO7: Teamwork

ULO6

The impact of the Civil Procedure Act 2010 (Vic) on traditional principles and the importance of ADR provisions.

GLO1: Discipline-specific knowledge and capabilities
GLO5: Problem solving
GLO7: Teamwork

 

These Unit Learning Outcomes are applicable for all teaching periods throughout the year

Assessment

Assessment Description Student output Grading and weighting
(% total mark for unit)
Indicative due week 
Assessment 1: Assignment (Group of up to 3) 3000 words 40% Week 7
Examination 2 hours 60% Exam Period

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.

Learning Resource

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.

Unit Fee Information

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