| UNIT TITLE |
Civil Procedure II |
| UNIT CODE |
LAW4614 |
| CREDIT POINTS |
15 |
| FULL YEAR UNIT |
No |
| PRE-REQUISITES |
LAW4604 - Civil Procedure I
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| MODE OF DELIVERY |
On-campus
Online
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This version of the unit will be offered from 7/1/2014 |
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DESCRIPTION
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The framework of knowledge from Civil Procedure I becomes the foundation for more advanced exploration of the Rules of the Supreme Court 1971 (WA) in Civil Procedure II. The unit also touches upon the procedures and rules of the Court of Appeal.
Again, the practical application and ramifications of the rules are illustrated through case-based study of (mostly) recent procedural decisions in the Supreme and District Courts of WA. This unit continues to build on students’ knowledge of legal principles related to substantive areas of law gained in earlier units, with a view to equipping them to develop effective strategies for the conduct of litigation in a professional context.
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| LEARNING OUTCOMES |
On successful completion of this unit students should be able to:
1. demonstrate a comprehensive understanding of the Supreme Court of Western Australia’s civil litigation process;
2. identify and apply the processes available for gathering evidence to develop an appropriate strategy to advance their client’s case;
3. identify the key interlocutory processes, and apply the relevant orders (Rules) and Practice Directions facilitating those processes; and
4. analyse complex factual scenarios to successfully predict the outcome of interlocutory applications by reference to the case-law, Orders(s) and Practice Directions.
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| UNIT CONTENT |
- Gathering Evidence.
- Specialised Procedures.
- Administrative proceedings.
- Judgments, Costs and Enforcement.
- Appeals & Stated Cases.
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| TEACHING AND LEARNING PROCESSES |
On campus students will attend 2 hours of lectures and a 1 hour of tutorial per week for one semester.
Off campus students will access the unit via Blackboard. Regular online access is required. Online tutorials [Adobe Connect™ facilitated requiring participants to use a headset with microphone] will be convened on a weekly basis.
Students will draft basic affidavits and prepare advices on procedural issues. All written work is required to demonstrate professionally appropriate language skills. On-campus students will work collaboratively in teams. |
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| GRADUATE ATTRIBUTES |
- ability to communicate
- critical appraisal skills
- ability to generate ideas
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| ASSESSMENT |
| Grading Schema 1 |
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| Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners. |
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Item
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On-Campus Assessment
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Value
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Tutorial Presentation
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Drafting Exercises
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15%
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Assignment
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Major Assignment (Opinion)
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25%
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Examination
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Final Examination
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60%
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Item
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Online Assessment
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Value
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Participation
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Drafting Exercises
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15%
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Assignment
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Major Assignment (Opinion)
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25%
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Examination
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Final examination
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60%
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| TEXTS |
STATUTORY MATERIALS
Civil Judgments Enforcement Act 2004 (WA)
Consolidated Practice Directions
Non-Contentious Probate Rules 1967 (WA)
Oaths Affidavits & Statutory Declarations Act 2005 (WA)
Rules of the Supreme Court 1971 (WA)
Supreme Court Act 1935 (WA)
Supreme Court (Court of Appeal) Rules 2005 (WA) |
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| SIGNIFICANT REFERENCES |
| Bamford, D. (2010). Principles of civil litigation. Lawbook Co. |
| Cairns, B. (2011). Australian civil procedure (9th ed.). Lawbook Co. |
| Colbran, S. E., et al. (2009). Civil procedures: Commentary and materials (4th ed.). LexisNexis. |
| Hunter, J., & al. (2005). Civil procedure: Commentary and materials (4th ed.). LexisNexis. |
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SIGNIFICANT STATUTES
Administration Act 1903 (WA)
District Court of Western Australia Act 1969 (WA) and rules
Federal Court and Australia Act 1976 (Cth) and rules
Foreign Judgments Act 1991 (Cth)
Inheritance (Family & Dependents) Act 1972 (WA)
Interpretation Act 1984 (WA)
Judiciary Act 1903 (Cth)
Magistrates Court Act 2004 (WA) and rules.
Magistrates Court (Civil Proceedings) Act 2004 (WA)
State Administrative Tribunal Act 2004 (WA)
Supreme Court (Corporations)(WA) Rules 2004
Wills Act 1970 (WA) |
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| Disability Standards for Education (Commonwealth 2005) | |
| For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes, Graduate Attributes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Student Equity, Diversity and Disability Service website: |
| http://intranet.ecu.edu.au/student/support/student-equity |
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Academic Misconduct
Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:
- plagiarism;
- unauthorised collaboration;
- cheating in examinations;
- theft of other students’ work.
Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.
The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.
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