76095 Strategic Litigation Clinic
Warning: The information on this page is indicative. The subject outline for a
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 2025 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70104 Civil Practice
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78290 Strategic Litigation Practice
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.
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
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) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1) - Communication
Effective 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 communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.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: LAW.2.1, LAW.3.1 and LAW.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: LAW.2.1, LAW.3.1 and LAW.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: LAW.2.1, LAW.3.1 and LAW.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 will be published through the Canvas Website.
Recommended texts
As outlined in the readings for each class