Civil litigation is a process of resolving disputes between parties. It includes:
- any interactions between disputing parties prior to proceedings being commenced, such as letters of demand
- the initiation and defence of proceedings in courts or other tribunals
- pre-trial procedures such as interlocutory applications
- court and tribunal appearances
- alternative avenues of dispute resolution such as negotiation, mediation and arbitration, and
- post-trial procedures such as costs recovery and the enforcement of judgments.
To act competently for clients in this area, you need to have an understanding of the law, the rules, practice and procedures of the various courts, other methods of resolving disputes, and the ability to use those appropriately to achieve the best results for your clients.
You will complete three tasks in this subject based on real life case studies that an entry level lawyer is likely to face in practice.
Your lecturer is available to assist you with the tasks and will give you feedback. You can also get involved with interactive class discussions via the discussion board.
At the end of this subject, you will be able to demonstrate the competence required of an entry level lawyer in these elements of civil litigation practice:
- assessing the merits of a case and identifying dispute resolution alternatives
- advising on costs of litigation
- initiating and responding to claims
- taking and responding to interlocutory and default proceedings
- gathering and presenting evidence
- negotiating settlements, and
- taking action to enforce orders and settlement agreements.
You will cover the law, court rules and practice that apply in civil litigation, which will enable you to advise clients on appropriate strategies to resolve disputes, and to conduct litigation for clients in a timely and cost-effective manner.
Tasks and activities
You will complete practical tasks such as initiating and responding to claims, appearing in interlocutory applications and settling and enforcing judgments.
To assist your learning, you have online resources such as readings and interactive case studies. You also have a hard copy of the College’s Practice Papers, which are also available online and in eBook format.
The course calendar sets out the milestones for you to meet and guides you through the subject. However, other than meeting dates for submission of work and assessments, you can progress through the learning resources and tasks at your own pace and where it suits you.
Your lecturer is your mentor and will give you individual guidance. Your lecturer will also give you feedback, and coach you to achieve the required level of competence.
To be eligible for assessment you must first:
- complete each task to a competent standard as determined by your lecturer, and
- score more than 50% in a multiple choice test.
The final assessment in the subject will be an oral assessment that will include:
- reflection on your learning in the subject
- review of the tasks you have submitted, and
- questions arising from the learning materials.
Your performance in the oral assessment will be graded.