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.

  • Unit Title

    Civil Procedure II
  • Unit Code

    LAW4614
  • Year

    2019
  • Enrolment Period

    1
  • Version

    4
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Ms Fiona Elizabeth LOW

Description

The framework of knowledge from Civil Procedure I becomes the foundation for more advanced exploration of the Rules of the Supreme Court 1971 (WA) in Civil Procedure II. The unit also touches upon the procedures and rules of the Court of Appeal. Again, 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. This unit continues to 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 LAW4604

Learning Outcomes

On completion of this unit students should be able to:

  1. Demonstrate a comprehensive understanding of the Supreme Court of Western Australia's civil litigation process.
  2. Identify the key interlocutory processes, and apply the relevant orders (Rules) and Practice Directions facilitating those processes.
  3. Identify and apply the processes available for gathering evidence to develop an appropriate strategy to advance their client's case.
  4. Analyse complex factual scenarios to successfully predict the outcome of interlocutory applications by reference to the case-law, Orders(s) and Practice Directions.
  5. Work collaboratively on a simulated client litigation file, with peers from within the class and with students from earlier years, and be accountable for the outcome for the client.

Unit Content

  1. Appeals & Stated Cases.
  2. Judgments, Costs and Enforcement.
  3. Administrative proceedings.
  4. Specialised Procedures.
  5. Gathering Evidence.
  6. Accepting and actioning briefs from solicitors.

Additional Learning Experience Information

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 via Blackboard. 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 affidavits and prepare advices on procedural issues. All written work is required to demonstrate professionally appropriate language skills. Students will work collaboratively in teams both within the year group, and with students in Property Law II LAW2312. Property law students will act as instructing solicitors. Civil Procedure students will be required to draft their assessment in accordance with their instructions. The task is designed to simulate the requirements of collaborative partnerships in real life professional environments. This unit presupposes and draws on knowledge of the units in the core program.

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 Board of Examiners.

ON CAMPUS
TypeDescriptionValue
Tutorial PresentationTeam Drafting Exercise30%
AssignmentMajor Assignment (Opinion)20%
ExaminationFinal Examination50%
ONLINE
TypeDescriptionValue
ParticipationTeam Drafting Exercise30%
AssignmentMajor Assignment (Opinion)20%
ExaminationFinal examination50%

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 Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW4614|4|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.

  • Unit Title

    Civil Procedure II
  • Unit Code

    LAW4614
  • Year

    2019
  • Enrolment Period

    2
  • Version

    5
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Ms Fiona Elizabeth LOW

Description

The framework of knowledge from Civil Procedure I becomes the foundation for more advanced exploration of the Rules of the Supreme Court 1971 (WA) in Civil Procedure II. The unit also touches upon the procedures and rules of the Court of Appeal. Again, 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. This unit continues to 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 LAW4604

Learning Outcomes

On completion of this unit students should be able to:

  1. Demonstrate a comprehensive understanding of the Supreme Court of Western Australia's civil litigation process.
  2. Identify the key interlocutory processes, and apply the relevant orders (Rules) and Practice Directions facilitating those processes.
  3. Identify and apply the processes available for gathering evidence to develop an appropriate strategy to advance their client's case.
  4. Analyse complex factual scenarios to successfully predict the outcome of interlocutory applications by reference to the case-law, Orders(s) and Practice Directions.
  5. Work collaboratively on a simulated client litigation file, with peers and be accountable for the outcome for the client.

Unit Content

  1. Appeals & Stated Cases.
  2. Judgments, Costs and Enforcement.
  3. Administrative proceedings.
  4. Specialised Procedures.
  5. Gathering Evidence.
  6. Accepting and actioning briefs from solicitors.

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECU Blackboard.

JoondalupMount LawleySouth West (Bunbury)
Semester 213 x 2 hour lectureNot OfferedNot Offered
Semester 213 x 1 hour tutorialNot OfferedNot Offered

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences through ECU Blackboard as well as additional ECU learning technologies.

Additional Learning Experience Information

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 via Blackboard. 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 affidavits 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 Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ExerciseTeam Drafting Exercise15%
AssignmentMajor Assignment (Opinion)25%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
ExerciseTeam Drafting 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 Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW4614|5|2