Handbook 1996 : Faculty of Law (Volume 3 page 215)
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Optional Law subject.
Prerequisite: Torts and the Process of Law; History and Philosophy of Law
Contact: 3 hours lecture per week plus 1 hour seminar per fortnight
Timetable: First semester
Objectives:
Students completing this subject should: acquire an understanding of how civil disputes are regulated and resolved whether in the Courts or through some other medium of dispute resolution.
Content:
The objectives underlying the rules of civil procedure; costs in the litigious process and the cost of justice generally; the jurisdiction of the Courts, including cross-vesting and transfers between Courts; preliminary discovery, fact finding generally and the preservation of the status quo pending determination of a dispute; joinder of causes of action and parties, including class actions; originating process, service and appearance; moving a proceeding along, including default and summary judgments and judicial intervention in the litigious process; pleading, documentary discovery and interrogation, including possible reform to require further disclosure by parties; mistakes and amendments; the settlement process including offers of compromise, pre-trial conferences and mediation; the specialist lists; judgments, orders and their enforcement; the appeal process; alternative dispute resolution, including arbitration, mediation and mini trials.
Assessment:
Either Research Project 4,000 words (40 per cent) and Final Exam 2 hours (60 per cent) or Final Exam 3 hours (100 per cent).
Prescribed texts:
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Handbook 1996 : Faculty of Law (Volume 3 page 215)
Status: Official 1996 Date created: Oct 9 1995 Last modified: Oct 9 1995 Authorised by: Academic Registrar Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.
Copyright © University of Melbourne 1995,1996.