78290 Strategic Litigation Practice
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particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Description
Strategic litigation uses law to pursue social change. It goes beyond using law to advocate for individual rights and remedies. Rather, litigation is initiated to achieve a social change. This subject gives students skills to work in strategic litigation generally, as well as particularly as it applies to advancing indigenous justice. Students have opportunities to gain knowledge and real world practical experience in strategic litigation for Indigenous clients and nations. Through working on strategic litigation cases derived from real world experience and developing strategic litigation plans, including in practice groups, students gain practice based, cross-cultural skills in legal advocacy for indigenous communities.
The subject also furthers objective 3.4 UTS Indigenous Education Strategy: to develop Indigenous competency among UTS students.
As this subject is an advanced level subject, all students need to meet Level 9 of the AQF.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Apply their knowledge of the law, legal systems, legal practice and legal issues to develop creative and considered legal strategies, which promote and strengthen the rights of Aboriginal people and communities. |
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| 2. | Demonstrate highly effective written and oral advocacy skills that further social justice objectives in court settings and broader community forums. |
| 3. | Critically reflect on the discrimination faced by Aboriginal people in the Australian legal system, including by lawyers. |
| 4. | Identify and evaluate the impact of cultural communication norms including the common issues involved in obtaining instructions and acting competently for Aboriginal clients, including the ethics of acting for collectives. |
| 5. | Demonstrate cultural awareness regarding communication with Aboriginal clients and organisations. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Ethics and Professional Responsibility
An advanced and integrated capacity to value and promote honesty, integrity, cultural respect, accountability, public service and ethical standards including:
a. An understanding of approaches to ethical decision making;
b. An understanding of the rules of professional responsibility;
c. An ability to reflect upon and respond to ethical challenges in practice;
d. A developing ability to engage in the profession of law and to exercise professional judgment; and
e. An ability to reflect on and engage constructively with diversity in practice. (2.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including an ability to:
a. Identify and articulate complex legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate theoretical and practical responses; and
c. Demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses. (3.1) - Research Skills
Specialist cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues including an ability to:
a. Demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions; and
b. Apply ethical research practices. (4.1) - Communication
Well-developed professional and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. A cognisance of advanced communication technologies and willingness to adopt where appropriate; and
e. An ability to respond respectfully. (5.1)
Teaching and learning strategies
Strategy 1 Professional Practice
Students undertake simulated legal and administrative work as it would be done in a real life legal organisation engaging in strategic litigation. The work will be supervised by legal and non-legal staff. Such work will also involve approaches to interactions with Indigenous clients and third parties. Issues such as Indigenous deaths in custody and Indigenous land rights will be dealt with by students as they would be by a legal organisation or firm engaged in such strategic litigation.
Students will reflect on the unique demands of the above work in the seminars.
Strategy 2 Collaborative Interactive seminars, small group format
Students will interact with practitioners and each other to identify how strategic litigation can advance the rights of indigenous people and nations. Students will use their pre-class readings to inform these discussions.
Strategy 3 Ongoing Feedback
Students will receive ongoing feedback in their work, through one to one meetings with supervisors. In addition, supervisors and teaching staff will provide an interim class participation feedback form in week 3, giving general feedback on how the student is performing relative to the assessment criteria for class participation. This will enable students to review and remedy any gaps and improve their performance.
The written and oral tasks will be discussed during class, to enable staff to give students progressive feedback on the planning of their assessment tasks. Upon completion of the task, students will receive detailed feedback that they can apply in their potential future work in practice.
Subject Delivery
This subject will be delivered online and through intensive seminars.
Content (topics)
- Indigenous nations and bias against Indigenous people.
- Strategic litigation: history, methodologies and diversity of approaches.
- Practical Issues: the economics and networking aspects of strategic litigation.
- Procedural issues: standing, amicus curiae, costs.
- Clinical skills – Taking instructions from Indigenous clients and collectives.
- Indigenous overrepresentation in custody, native title/land rights, child removal.
- IP and patents
Assessment
Assessment task 1: Seminar Participation
| Intent: | Seminar participation provides students with a supportive environment in which to discuss, critique and reflect on authentic professional problems and issues. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 2.1, 3.1 and 4.1 |
| Weight: | 20% |
| Criteria: |
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Assessment task 2: Strategic Litigation Plan
| Intent: | To provide an authentic assessment where students do the work of a legal clinic in preparing a strategic litigation plan for Aboriginal clients. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: 2.1, 3.1 and 5.1 |
| Weight: | 60% |
| Length: | 4000 words Maximum |
| Criteria: |
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Assessment task 3: Reflective Log
| Intent: | The reflective log provides students with an opportunity to relate their interactions and learnings in seminars to the broader concepts and readings in the subject. It will allow them to consider how the subject is changing their expectations of legal practice. |
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| Objective(s): | This task addresses the following subject learning objectives: 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 2.1, 3.1 and 5.1 |
| Weight: | 20% |
| Length: | 1 page per log (approx. 400-500 words). |
| Criteria: |
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Minimum requirements
Attendance is mandatory for the first two lectures on 6th and 7th December, as well as the date of your presentation, excused only with a medical certificate.
Required texts
Electronic readings for each week provided through the e library
Legislative Council, Standing Committee on Law and Justice, (2014). Final Report, the Family Response to the murders in Bowraville.
Recommended texts
Electronic readings for each week will be published through the Canvas Website.