MLP391 - Civil Procedure and Dispute Resolution
Unit details
| Year: | 2024 unit information |
|---|---|
| Enrolment modes: | Trimester 2: Burwood (Melbourne), Waterfront (Geelong), Online, Community Based Delivery (CBD)* |
| Credit point(s): | 1 |
| EFTSL value: | 0.125 |
| Previously coded as: | MLL391 |
| Unit Chair: | Trimester 2: Claudio Bozzi Trimester 3: Claudio Bozzi |
| Cohort rule: | For Bachelor of Laws (including combined Law awards) students only |
| Prerequisite: | Students must have passed MLP213 and MLP219 plus 5 additional MLL/MLP/MLT coded law units |
| Corequisite: | Nil |
| Incompatible with: | MLL391 |
| Typical study commitment: | Students will on average spend 150 hours over the teaching period undertaking the teaching, learning and assessment activities for this unit. This will include educator guided online learning activities within the unit site. |
| Educator-facilitated (scheduled) learning activities - on-campus unit enrolment: | Online independent and asynchronous collaborative learning up to a maximum of 2 hours each week which includes lecture pre-recordings and 1 x 2 hour on-campus seminar (recordings provided) each week |
| Educator-facilitated (scheduled) learning activities - online unit enrolment: | Online independent and asynchronous collaborative learning up to a maximum of 2 hours each week which includes lecture pre-recordings and 1 x 2 hour online seminar (recordings provided) each week |
Note:*Community Based Delivery (CBD) is for National Indigenous Knowledges, Education, Research and Innovation NIKERI Institute students only. | |
Content
The unit investigates the legal process of civil dispute resolution in our society. This unit examines procedural law, which is the law of 'how' one enforces substantive legal rights and duties, or the method through which rights (no matter what they are) get realised in our courts. Although the unit focuses on the Supreme Court of Victoria (General Civil Procedure) Rules, it broadens jurisdictional knowledge by comparing procedural rules with those of the other State and Territory, and, where relevant, foreign jurisdictions, and is supplemented by cases and scholarly analysis, means of resolving disputes other than traditional litigation are considered. The syllabus roughly follows litigation process and includes the role of the court in an adversarial system; court structure and jurisdiction; initiation of proceedings; pleadings; joinder of claims and parties, including group and representative actions; discovery; dispositions without trial, including summary procedures and compromise; judgement; costs; and forms of alternative dispute resolution such as arbitration and mediation.
| ULO | These are the Learning Outcomes (ULO) for this unit. At the completion of this unit, successful students can: | Deakin Graduate Learning Outcomes |
|---|---|---|
| ULO1 | Analyse problem-based scenarios and apply the rules of civil procedure relating to the initiation, conduct, settlement and enforcement of a proceeding. | GLO1: Discipline-specific knowledge and capabilities GLO5: Problem solving |
| ULO2 | Evaluate a problem-based scenario to identify and apply the rules of pleadings to draw court documents for a client. | GLO2: Communication GLO5: Problem solving |
| ULO3 | Constructively engage with teammates towards mutually beneficial outcomes and reflect on this in writing. | GLO7: Teamwork |
Assessment
| Assessment Description | Student output | Grading and weighting (% total mark for unit) | Indicative due week |
|---|---|---|---|
| Assessment 1: Portfolio Part A: (Group of 3) Problem Based Written Assignment Part B: (Individual) Written Reflection (Peer) | Part A: 2000 words
Part B: 1000 words | Part A: 30%
Part B: 10% | Week 8 |
| Examination: Specified resources | 2 hours | 60% | End-of-unit assessment period |
The assessment due weeks provided may change. The Unit Chair will clarify the exact assessment requirements, including the due date, at the start of the teaching period.
Learning Resource
The texts and reading list for the unit can be found on the University Library via the link below: MLP391 Note: Select the relevant trimester reading list. Please note that a future teaching period's reading list may not be available until a month prior to the start of that teaching period so you may wish to use the relevant trimester's prior year reading list as a guide only.
Unit Fee Information
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