CLP2 Pre-trial Procedures

CLP2 Pre-trial Procedures

Overview

This subject covers the law and practice of pre-trial processes in commercial litigation. It focuses on the skills of analysis, problem solving and strategy in effectively carrying out the procedures required as a Federal Court matter progresses to trial, including seeking interlocutory orders and directions. In addition, it will cover how to obtain instructions, give advice and utilise these procedures in the most efficient and effective manner to advance the clients’ interests.

Specifically, the subject will:

  • cover pre-trial processes available to parties in relation to the obtaining of evidence, preservation of evidence, the identification of parties and the preservation of assets
  • discuss the relevant court rules and practice notes
  • explain how to apply the skills of analysis, problem solving and strategy in effectively carrying out pre-trial processes seeking any interlocutory orders and directions
  • provide a practical understanding of the issues in making applications for search and freezing orders
  • explain how to draft or respond to requests for discovery, interrogatories, subpoenas and notices to produce in accordance with the relevant law and court rules
  • cover privilege
  • discuss the requirements for the engagement of expert witnesses, the drafting of expert reports and the adducing of expert evidence, and
  • cover applications for security for costs and explain how to effectively prepare or respond to an application.

Outline

Topics in this subject include:

  • Security for costs
  • Preliminary discovery, search orders and freezing orders
  • Commencing proceedings
  • Preparing pre-trial applications
  • Gathering, preparing and managing evidence
  • Conducting a hearing
  • Early resolution and practical outcomes of proceedings

 

Availability

How to enrol

1. Download and read the Program Manual (PDF).
This document contains all the terms and conditions relating to your enrolment at The College of Law.

2. Decide on your program and initial subject/s

3. Enrol online

 

 

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