What the subject is about
Civil litigation is the process of resolving disputes through the court system.
This subject covers the fundamental processes in civil litigation which will enable you to act competently for clients in a range of matters and includes:
the law, court rules, practices and procedures
alternatives to litigation.
Subject aim
The aim is to assist you to become competent in the following elements of civil litigation practice:
• Assessing the merits of a case
• Initiating and responding to claims
• Taking and responding to interlocutory and default proceedings
• Gathering and presenting evidence
• Negotiating settlements
• Taking action to enforce orders and settlement agreements.
Subject objectives
At the end of this subject you will be able to demonstrate competence in each element of civil litigation practice.
Element 1 Assessing the Merits of a Case
Unit 1 Conducting Civil Litigation
Unit 2 Proving the Case
Unit 3 Taking Instructions and Advising Clients
Unit 4 Calculating Damages
Unit 5 Costing Litigation Matters
Element 2 Initiating and Responding to Claims
Unit 6 Initiating Actions
Unit 7 Filing and Serving Process
Unit 8 Responding to Actions
Element 3 Gathering and Presenting Evidence
Unit 9 Obtaining and Managing Evidence
Unit 10 Court Case Management
Unit 11 Briefing Counsel
Element 4 Negotiating Settlements
Unit 12 Negotiating Settlements
Element 5 Taking and Responding to Interlocutory and Default Proceedings
Unit 13 Drafting Affidavits and Orders
Unit 14 Acting on Default Judgments
Unit 15 Acting in Interlocutory Proceedings
Element 6 Taking Action to Enforce Orders and Settlement Agreements
Unit 16 Enforcing Judgments and Orders.
Assessesment method & value
2 hour open-book written exam onsite – 60%
Assessment of court application – 40%