70104 Civil Practice

Description

This subject deals with the application of civil practice in New South Wales and enables students to understand the legal and ethical context in which lawyers operate within the civil jurisdiction. Areas of study follow the interpretation and application of civil practice governed by the Civil Procedure Act 2005 (NSW) (CPA) and the Uniform Civil Procedure Rules 2005 (NSW) (UCPR). The CPA and UCPR form the framework for case management in the Supreme, District and Local courts. The subject follows the scope of the CPA and UCPR, including the resolution and settlement of disputes, the commencement of proceedings, the drafting and filing of documents, service, interlocutory applications and resolution, including alternative processes for dispute resolution. The legislation gives power to judicial officers to direct the business of the court and caseload-manage all matters, and to direct the parties as to the management of their individual case. Statute is supported by relevant case law. Three of the significant results of the uniform civil procedure regime that students work with are the:

1. increased resolution of disputes through non-adversarial processes
2. active role of the courts in the conduct of proceedings
3. additional roles and duties of legal practitioners acting for parties in civil disputes, including Indigenous clients.

Civil Practice forms a core subject for all law degrees in Australia. It is one of the four topics assessed in the NSW Bar Exam (along with Criminal Procedure, Evidence and Ethics). It is also an important component of Practical Legal Training. For these reasons, lectures and tutorials feature practical examples and insights into the professional and ethical obligations of civil practitioners. Students are given various opportunities to reflect on, discuss, present and self-assess their learning in this subject. The relationship between civil procedure and social justice, particularly in the context of First Nations people, is considered. The impact of technology on civil practice is also examined.