School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

Your unit may be subject to government or third party COVID-19 vaccination requirements. Please consider this before enrolling in this unit, and speak with the unit coordinator if this raises any concerns.

  • Unit Title

    Civil Procedure I
  • Unit Code

    LAW4604
  • Year

    2022
  • Enrolment Period

    1
  • Version

    3
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr Haydn James Robert RIGBY

Description

Civil Procedure I, together with its companion Civil Procedure II (LAW4614), explores how rights and entitlements (civil claims) are enforced through the courts by examining the purpose and principles under-pinning the administration of civil justice in Western Australia. Students undertake a comprehensive examination of the Rules of the Supreme Court 1971 (WA) and touch upon the rules of other State and Commonwealth courts. The practical application and ramifications of the rules are illustrated through case-based study of (mostly) recent procedural decisions in the Supreme and District Courts of WA. These units build on students knowledge of legal principles related to substantive areas of law gained in earlier units, with a view to equipping them to develop effective strategies for the conduct of litigation in a professional context.

Prerequisite Rule

Students must pass 1 units from LAW3106

Learning Outcomes

On completion of this unit students should be able to:

  1. Demonstrate a comprehensive understanding the procedures in the Supreme Court of Western Australia from the issue of a writ to the close of pleadings, and of the processes available for disposition of proceedings before trial.
  2. Analyse complex factual scenarios to predict the outcome of procedural applications by reference to the case-law, Order(s) and Practice Directions.
  3. Discuss and critically analyse the purpose(s) of the relevant Order(s) and factors relevant to the exercise of the courts discretion

Unit Content

  1. Disposition of proceedings without trial (summary and default judgment).
  2. Pleadings.
  3. Commencing proceedings.
  4. Jurisdiction.
  5. Case Management & Professional Obligations in civil litigation.

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECU's LMS

JoondalupMount LawleySouth West (Bunbury)
Semester 113 x 2 hour lectureNot OfferedNot Offered
Semester 113 x 1 hour tutorialNot OfferedNot Offered

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences via ECU’s LMS as well as additional ECU learning technologies

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students will attend 2 hours of lectures and a 1 hour of tutorial per week for one semester. Off-campus students will access the unit online via LMS. Regular online access is required. Online tutorials [Adobe Connect facilitated requiring participants to use a headset with microphone] will be convened on a weekly basis. Students will draft basic pleadings (statements of claim and defences) and prepare advices on procedural issues. All written work is required to demonstrate professionally appropriate language skills. On-campus students will work collaboratively in teams.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant School Progression Panel.

ON CAMPUS
TypeDescriptionValue
Tutorial PresentationDrafting exercise15%
AssignmentMajor Assignment (opinion)25%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
Tutorial PresentationDrafting exercise15%
AssignmentMajor Assignment (opinion)25%
ExaminationFinal Examination60%

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

LAW4604|3|1

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

Your unit may be subject to government or third party COVID-19 vaccination requirements. Please consider this before enrolling in this unit, and speak with the unit coordinator if this raises any concerns.

  • Unit Title

    Civil Procedure I
  • Unit Code

    LAW4604
  • Year

    2022
  • Enrolment Period

    2
  • Version

    3
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr Haydn James Robert RIGBY

Description

Civil Procedure I, together with its companion Civil Procedure II (LAW4614), explores how rights and entitlements (civil claims) are enforced through the courts by examining the purpose and principles under-pinning the administration of civil justice in Western Australia. Students undertake a comprehensive examination of the Rules of the Supreme Court 1971 (WA) and touch upon the rules of other State and Commonwealth courts. The practical application and ramifications of the rules are illustrated through case-based study of (mostly) recent procedural decisions in the Supreme and District Courts of WA. These units build on students knowledge of legal principles related to substantive areas of law gained in earlier units, with a view to equipping them to develop effective strategies for the conduct of litigation in a professional context.

Prerequisite Rule

Students must pass 1 units from LAW3106

Learning Outcomes

On completion of this unit students should be able to:

  1. Demonstrate a comprehensive understanding the procedures in the Supreme Court of Western Australia from the issue of a writ to the close of pleadings, and of the processes available for disposition of proceedings before trial.
  2. Analyse complex factual scenarios to predict the outcome of procedural applications by reference to the case-law, Order(s) and Practice Directions.
  3. Discuss and critically analyse the purpose(s) of the relevant Order(s) and factors relevant to the exercise of the courts discretion

Unit Content

  1. Disposition of proceedings without trial (summary and default judgment).
  2. Pleadings.
  3. Commencing proceedings.
  4. Jurisdiction.
  5. Case Management & Professional Obligations in civil litigation.

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECU's LMS

JoondalupMount LawleySouth West (Bunbury)
Semester 113 x 2 hour lectureNot OfferedNot Offered
Semester 113 x 1 hour tutorialNot OfferedNot Offered

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences via ECU’s LMS as well as additional ECU learning technologies

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students will attend 2 hours of lectures and a 1 hour of tutorial per week for one semester. Off-campus students will access the unit online via LMS. Regular online access is required. Online tutorials [Adobe Connect facilitated requiring participants to use a headset with microphone] will be convened on a weekly basis. Students will draft basic pleadings (statements of claim and defences) and prepare advices on procedural issues. All written work is required to demonstrate professionally appropriate language skills. On-campus students will work collaboratively in teams.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant School Progression Panel.

ON CAMPUS
TypeDescriptionValue
Tutorial PresentationDrafting exercise15%
AssignmentMajor Assignment (opinion)25%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
Tutorial PresentationDrafting exercise15%
AssignmentMajor Assignment (opinion)25%
ExaminationFinal Examination60%

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

LAW4604|3|2