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MLL391 - Civil Procedure and Dispute Resolution

Year:

2022 unit information

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

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

Prerequisite:

Successful completion of MLL119, MLL219 and MLL213 plus 4 additional Law (MLL) units.

Note: Students who have commenced before Trimester 1 2022, and have successfully completed MLL111, are not required to complete MLL119 and MLL219

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:

Online independent and collaborative learning activities (2 hours)  + 2 hour seminar per week

Scheduled learning activities - cloud:

Online independent and collaborative learning activities (2 hours)  + 2 hour seminar (live streamed and recordings provided) 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

Analyse problem-based scenarios and apply the rules of civil procedure relating to the initiation, conduct, settlement and enforcement of a proceeding

GLO1: Discipline-specific knowledge and capabilities

GLO5: Problem solving

ULO2

Evaluate a problem-based scenario to identify and apply the rules of pleadings to draw court documents for a client

GLO2: Communication

GLO5: Problem solving

ULO3

Constructively engage with teammates towards mutually beneficial outcomes and reflect on this in writing

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:

Portfolio (Group & Individual)

Part A: (Group of 3) Problem Based Written Assignment

Part B: (Individual) Reflection on Teamwork

Part A: 2000 words

 

Part B: 1000 words

Part A: 30% 

 

Part B: 10% 

Week 8
Examination (All resources, Proctored) 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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