70104 Civil Practice
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70616c Australian Constitutional 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.
There are course requisites for this subject. See access conditions.
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:
- increased resolution of disputes through non-adversarial processes
- active role of the courts in the conduct of proceedings
- 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.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Identify the Rules and case law that inform how discretion is applied by the Courts during preparation for trial and case management; distinguish the different types of interests that drive a dispute; and engage in critical analysis, making reasoned choices amongst alternatives; |
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| 2. | Evaluate the components and processes of ethical decision making and develop logical and justifiable arguments in a context of alternative modes of problem solving; |
| 3. | Generate ideas, make decisions and resolve conflicts, adopting different roles within a group dynamic as required including undertaking core leadership functions within a group discussion; |
| 4. | Communicate orally and in writing logically, succinctly and persuasively in civil practice and academic contexts; |
| 5. | Evaluate and reflect upon the role technology is playing in the changing landscape of civil practice in New South Wales; |
| 6. | Evaluate and reflect upon the relationship between civil procedure and social justice, particularly in the context of First Nations people. |
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
A capacity to value and promote honesty, integrity, accountability, public service and ethical standards including:
a. An understanding of approaches to ethical decision making and professional responsibility;
b. An ability to recognise, reflect upon and respond to ethical issues likely to arise in professional contexts in ways that evidence professional judgment, promote justice and serve the community; and
c. An ability to reflect on and engage constructively with diversity in practice. (LAW.2.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1) - Collaboration
Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
a. An ability to give and receive feedback;
b. Appropriate professional and interpersonal skills in working collaboratively;
c. A capacity to develop strategies to successfully negotiate group challenges; and
d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1) - Indigenous Professional Capability
Bachelor of Law graduates will:
Apply knowledge and skills to develop professional capabilities to work effectively with and for Indigenous peoples and communities across the law profession. (LAW.7.1)
Teaching and learning strategies
Strategy 1: Students’ Preparation for Learning
Students read cases, legislation and articles, view video extracts and interviews with practitioners, and access online resources to prepare for their participation in tutorial activities which might include including collaborative discussion, mock negotiation, quizzes, advising on hypothetical legal scenarios and drafting documents.
Strategy 2: Lectures
Lecturers and guest lecturers from practice engage students in challenging ideas about Civil Practice. Students are welcome and indeed encouraged to ask questions and challenge ideas raised in lectures by posting to the Canvas Discussions. Lectures are a key learning resource in this subject. They are recorded and available for student review.
Strategy 3: Learning though Tutorial Discussion and Simulations
Each week, students will engage in discussion on various aspects of civil practice and undertake a variety of activities involving collaborative discussion, which might include mock negotiation, quizzes, advising on hypothetical legal scenarios and drafting documents, with immediate feedback.
Strategy 4: Collaborative Problem Solving
All students will collaborate in problem solving exercises in the civil practice context, sometimes divided into teams of plaintiffs and defendants so as to add authenticity to the way that civil practitioners prepare for litigation and engage in negotiation. Students will also develop their research and academic writing skills. Feedback will respond to students’ problem-solving strategies and modes of expression.
Strategy 5: Online learning
Canvas is where students access material for self-directed learning and engage in student-led discussion on key topics. Recorded lectures are available for review on Canvas. Students can share their questions and ideas on the open discussion forum (Canvas), with prompt guidance and feedback from the Subject Coordinator.
Strategy 6: Ongoing Feedback
Structured feedback is provided individually, to each tutorial and to the subject group about weekly tutorial activities, formative assessment tasks and self-assessment tasks, as well as formal assessments. There will be opportunities to receive immediate feedback, particularly responding to students’ understanding of how civil procedure rules inform lawyers’ professional obligations and guide the exercise of judicial discretion. Detailed guidance as to the assessment criteria and the provision of timely feedback will form an important part of the learning process.
Subject Delivery:
Civil Practice is delivered by way of preparatory activities, lectures, tutorials and discussion via Canvas:
Preparation for classes is approximately 30 minutes per week plus selected readings.
The week 1 lecture provides an overview of the approach to learning and assessment in Civil Practice. There is no tutorial class in week 1. Students are invited to review the Get Started module on Canvas and to engage with the Preparation Week Videos and Activity.
Lectures on the substantive subject content and tutorial classes commence in week 2.
Lectures are recorded and will be available via Canvas the week before they are scheduled to be delivered. Tutorials are not recorded. Tutorial activities will be available the week before the tutorial in which they are to be discussed.
The timetabled activities for this subject can be found on the UTS timetable online at http://timetable.uts.edu.au. Students enrolled in this subject can view their personalised timetabled in My Subject Activities online at https://mysubjects.uts.edu.au. Please consult these sites to confirm the delivery mode of your tutorial group.
Content (topics)
- Introduction to civil procedure and guiding principles of civil procedure law
- Case management and the ‘Overriding Purpose’ of the Civil Procedure Act 2005 (NSW)
- Access to justice and open justice
- Indigenous civil justice
- Alternative Dispute Resolution
- Jurisdiction and limitation periods
- Initiating proceedings and commencing litigation
- Joining parties and causes of action
- Drafting pleadings
- Service
- Evidence in proceedings
- Interlocutory applications and injunctions
- Costs and settlement
- Strike-out, summary disposal, and vexatious litigants
- Enforcing judgment
- Appeals
Assessment
Assessment task 1: Research Essay
| Intent: | This assessment task will give students an opportunity to practise their critical analysis and evaluating skills and develop the content, style and quality of written legal argument expected of law graduates. |
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| Objective(s): | This task addresses the following subject learning objectives: 4 and 6 This task contributes specifically to the development of the following graduate attributes: LAW.2.1, LAW.4.1 and LAW.7.1 |
| Weight: | 40% |
| Length: | 1,750 words (10% leeway allowed). Bibliography must be included. It is not included in wordcount. |
| Criteria: |
The assessment criteria feedback sheet will be provided on Canvas via 'Assessments'. At the beginning of the session, students will be given guidance as to how each of the criteria will be assessed and an opportunity to ask questions. Marked essays will be returned to students with a completed assessment criteria feedback sheet, so that students can readily ascertain the strengths and weaknesses in their research essay. A summary of all feedback given to students for the research essays will be provided to students before the final exam. |
Assessment task 2: Tutorial Participation
| Intent: | With an emphasis on legal analysis and critical reflection, tutorials in this subject provide students with a low-risk environment in which to discuss, resolve and reflect on authentic professional problems and policy issues. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4, 5 and 6 This task contributes specifically to the development of the following graduate attributes: LAW.2.1, LAW.6.1 and LAW.7.1 |
| Weight: | 15% |
| Length: | 2 tutorial classes. |
| Criteria: |
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Assessment task 3: Final Examination
| Intent: | The exam gives students an opportunity to demonstrate their mastery of the Rules. It also enables students to critically analyse and evaluate the subject themes in response to short answer questions. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.2.1 and LAW.7.1 |
| Weight: | 45% |
| Length: | 2-hour exam within a 3-hour window |
| Criteria: | Identification of relevant issues in the context of the subject themes (the overriding purpose of the CPA, the impact of technology on legal practice and the ethical issues arising from the Rules);
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Required texts
- Miiko Kumar, Michael Legg, Ilija Vickovich, and James Metzger, Civil Procedure in New South Wales (Lawbook Co, 4th ed, 2020)
- Judicial Commission of NSW, Civil Trials Bench Book
- Canvas and UTS library resources