This course is coordinated by Anne Hewitt.

Contact information for other teachers in the course and contact times will be made available on MyUni.

Lectures will commence in Week 1, and continue until Week 12.

Lectures will be provided online, but some students may also be able to attend face to face. More details about this will provided closer to the start of the semester. There will also be 11 seminars during the semester.  The seminars commence in week 2. 

On successful completion of this course, students will be able to:

1. Apply the theories that underpin dispute resolution in society, social and psychological; select appropriate Dispute Resolution models for specific disputes; practice the skills of dispute resolution in simulated mediation and negotiation exercises. 

2 Locate, critique and apply legislation, case law and secondary sources to resolve complex legal problems. Critically review different dispute resolution options within and outside the civil court system.

3. Critically analyse and apply legislation, rules and cases to generate solutions and to critique dispute resolution law from the perspectives of fairness, accessibility and effectiveness of the civil justice system, and access to justice.  

4. Create and sustain concise and cohesive written and oral arguments with a focus on client advice, courtroom documents and advocacy.  Work effectively as part of a team undertaking complex legal work in the context of a mock civil dispute.

5. Apply ethical principles governing civil legal practice, articulate the professional obligations of lawyers relevant to dispute resolution, and critique dispute resolution laws from a range of perspectives. 

6. Reflect on their capacity to operate effectively individually and as a member of a team. Utilise feedback and constructive self-evaluation to inform improvement and personal development. 

• Margaret Castles and Anne Hewitt, Ethical Resolution of Civil Disputes (Thomson Reuters, 2020)
• Dispute Resolution and Ethics 2022 seminar guides and workbooks (available on MyUni)
• Supreme Court Rules Forms and Practice Directions (SA) 2020 (not yet available but will be available from March 2020 online at SA Courts website:  http://www.courts.sa.gov.au)
• Law Society of South Australia, Australian Solicitors Conduct Rules. Available from the Law Society of SA website: https://www.lawsocietysa.asn.au/LSSA/Lawyers/Publications/Solicitor_Conduct_Rules.aspx
• Lunn, Civil Procedure South Australia (online commentary available through the Library: https://libguides.adelaide.edu.au/c.php?g=910282&p=6587561).

A NOTE ON RESOURCES:
The textbook has been created specifically for this course. There should be second hand copies readily available from previous students. It is used in every week of the course and we recommend having a copy if possible. The textbook was written between October 2019 when new draft rules were released for comment by the profession, and the start of S1 2020. The rules were not actually implemented until May 2020, when there were a number of changes from the draft version which was used to inform the textbook, including changes to rule numbers. You will be able to access an online list of the errata in the text as a result of these changes. We appreciate your flexibility in working with these minor amendments: even with the discrepencies in rule numbers, having a South Australian text which is focussed on the 2020 rules is of benefit to students, and this is the only text of that kind. Unfortunately, Thomson Reuters will not publish a new edition until 2023.

There is no need to buy any of the other resources, we will discuss what hard copy resources will be most useful when the subject starts.

A range of additional resources are available online and in the library, which you may find of assistance. Look on the MyUni site, or ask the librarians or course coordinators for suggestions.

Selected course materials will be made available on MyUni. This will include all seminar guides, assessment information and instructions, audio recordings of lectures and all lecture PowerPoints. Tools for individual preparation, practical exercises and some assessment exercises will also be offered online throughout the semester. Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the semester.

The course will be taught through lectures supported by interactive problem-solving seminars, practical exercises developing primary
material, and self-directed work.

The University expects full-time students (ie those taking 12 units per semester) to devote a total of 48 hours per week to their studies during semester. This means that in addition to lectures and seminars, students should spend time in private study in the course across the semester – this includes reading the material, preparing for lectures and seminars and undertaking the assessment tasks, individually or in assigned practice groups.

Lectures commence in Week 1. Seminars commence in week 2 and continue until Week 12. There will be 11 seminars, and 12 lectures.

Please note that this course has a compulsory attendance requirement. You must attend eight (8) out of eleven (11) seminars. If you miss more than three (3) seminars you will not normally be eligible to pass the course. Seminar attendance assumes attendance at and engagement in the entire seminar. If you encounter any significant medical or compassionate issue that means you have to miss additional seminars, you can apply to the course coordinator for special consideration.

The learning activities summary below is provisional and weekly topics and assessment due dates may be changed prior to the commencement of teaching.

Week	Lectures	Seminars	Assessment
1	Introduction to civil dispute resolution
2	Professional ethics and ADR	Seminar 1 Conflict, disputes and civil litigation
3	Pleadings and process Note: Mon PH	Seminar 2 ADR Practice and case strategy
4	Pleadings continued Disclosure	Seminar 3 Pleadings	Quiz 1: 2%
5	Disclosure and Privilege	Seminar 4 Pleadings	Quiz 2: 2%
6	Privilege, applications and advocacy	Seminar 5 Disclosure	Quiz 3: 2%
	Mid Semester Break		ADR and Pleadings assignment: 10%
7	Investigatory processes Note: Mon PH	Seminar 6 Practice Advocacy, Applications and Privilege	Quiz 4: 2%
8	Maintaining the status quo	Seminar 7 First Interlocutory Application	First Interlocutory Application (group mark): 5%
9	Costs and case management	Seminar 8 Pre emptive and protective processes	Quiz 5: 2%
10	Negotiation	Seminar 9 Second Interlocutory Application	Second Interlocutory Application (group mark): 5%
11	Appeals and judicial review	Seminar 10 Negotiation exercise
12	Revision	Seminar 11 Revision problems	Discovery, investigation and costs assignment: 10%
			Honours Assignment: 10%
			Final examination: 50% Date: TBA

There are two hurdle requirements in this course.

EXAMINATION

A minimum grade of 40% is required in the exam to pass the subject overall. Under the MACA Policy, any student who has achieved an overall grade of 50% but failed a hurdle requirement will be entitled to an Additional Assessment.

SEMINAR ATTENDANCE

DRE has a minimum attendance requirement at seminars. You MUST attend eight (8) out of the eleven (11) seminars to be eligible to pass the course. Students who miss additional seminars are not normally eligible to pass the course. Seminar attendance assumes attendance at AND participation in the entire seminar. Any student encountering any significant medical or compassionate issue that means they have to miss additional seminars, can apply to the course coordinator for special consideration.

Further information about the attendance requirement is set out in the Assessment section below.

Assessment Task	Task Type	Due	Weight	Length	Redeemable	Learning Outcomes
Mutiple choice quizzes (x 5)	Individual	Weeks 3, 4, 5, 6 and 9 Saturday 5:00pm	10% total (2% per quiz)	15 Questions per quiz	No	1, 2, 3, 4, 5
ADR and pleadings assignment	Individual	Thursday Week 1 of mid semester break at 2:00pm	10%	1200 words	Yes, provided a mark of 40% is achieved, this assignment will be redeemable by the mark in Part A of the examination	1, 2, 3, 4, 5, 6
Discovery, investigation and costs assignment	Individual	Thursday of week 12, 2:00pm	10%	1200 words	Yes, provided a mark of 40% is acheived, this assignment will be redeemable by the mark in Part B of the examination	1, 2, 3, 4, 5, 6
First Interlocutory Application	Group	In seminar, week 8	5%	Marked presentation and oral argument in mock pre trial application	No	1, 2, 3, 4, 5, 6
Second Interlocutory Application	Group	In seminar, week 10	5%	Marked presentation and oral argument in mock pre trial application	No	1, 2, 3, 4, 5, 6
Honours Research project	Individual	Thursday of week 13, 2:00pm	10%	2500 words	No	1,2,3,4,5,6
Exam	Individual	University Examination Period	50% or 60% (if  one interim assignment is redeemed) or 70% (if both assignments are redeemed)	2 hours	A minimum grade of 40% is required in the exam to pass the subject overall.	1, 2, 3, 4, 5

EXAMINATION HURDLE

Each student must acheive a minimum mark of 40% in the final examination to pass the course. Under the MACA Policy, any student who has achieved an overall grade of 50% but has failed a hurdle requirement will be entitled to an Additional Assessment.

ATTENDANCE REQUIREMENT

This course has a compulsory attendance. Students must attend eight (8) out of the eleven (11) seminars. Students who miss additional seminars are not normally eligible to pass the course. Seminar attendance assumes attendance at and participation in the entire seminar. Any student encountering any significant medical or compassionate issue that means they have to miss additional seminars can apply to the course coordinator for special consideration.

This subject prepares students for legal practice in SA and is a prerequisite for admission to the Supreme Court of South Australia roll of practitioners. It is designed to introduce students to the theory and practice of civil and criminal litigation, which will be further studied at post graduate level prior to admission as a legal practitioner. Skills such as critical evaluation, exercising legal and forensic judgment, appreciation of the operation of judicial discretion, and the capacity to communicate legal procedural argument clearly and effectively are critical to practice in this area.

The appreciation of legal ethical principles is also an important graduate attribute. Whilst legal ethics are couched in absolute terms, in practical application, there is considerable subjectivity at play. Seminars in this subject make regular reference to ethical dilemmas, and draw on students to engage in evaluation and resolution of such dilemmas by reference to principles, and legal and social outcomes. The practice of law requires lawyers to be able to identify and resolve such issues, and this is almost always only achievable by consultation with peers and other professionals. Including such issues in seminars, and assessing students’ capacity to approach them in a professional and effective manner, is a necessary aspect of teaching future legal professionals, and is best achieved by direct observation and participation in class. The seminars are predicated on the assumption that students have undertaken preparation, and approach the subject matter at a relatively sophisticated level based on this preparation. Individual or small groups of students will often be asked to prepare issues for discussion, to undertake small research exercises, or to otherwise contribute to future seminars. Activities of this nature are an essential part of being an effective professional in the legal field. Small class sizes and a strong focus on interactive learning make methodology such as this an effective way of developing students' strategic and forensic thinking skills.

For these reasons attendance and satisfactory participation in seminars is compulsory. Students who do not meet these requirements will not be eligible to take the exam. Responsibility for monitoring attendance and participation is set out below.

Models of class participation are varied to accommodate student diversity. They include:
small group discussions (groups of 4 – 6) with different students invited to convene and record discussion;
tutors moving between groups and assisting with discussion;
large group discussion with emphasis on directed questions, and reporting on preparatory work done for seminars;
working in pairs on case evaluation and discussion;
students being given specific small preparatory tasks for seminars, so that they have the opportunity to prepare and be confident of delivery and are not “put on the spot”;
students assisting each other in answering questions or developing themes in class discussions.
It is expected that tutors will identify students strengths and weaknesses and utilise these strategies so as to encourage development and confidence and ensure equality of participation.

Responsibility for monitoring attendance and participation is shared between seminar leaders and students as follows:

Attendance - IT IS EACH STUDENT’S OWN RESPONSIBILITY TO MONITOR THEIR ATTENDANCE AND ENSURE THEY HAVE SATISFIED THE COMPULSORY ATTENDANCE REQUIREMENT. It is an expectation that students will attend the seminar class in which they are enrolled except in exceptional circumstances.

Satisfactory participation - If students have satisfied the compulsory attendance requirement, but have failed to satisfactorily participate in those seminars, this will be brought to their attention by the SEMINAR LEADER. The seminar leader and student will then discuss the participation requirements of the course and any obstacles to participation by the student. If appropriate, additional work (as negotiated by the seminar leader and student) may be completed by the student to supplement their participation.

1. 5 Quizzes - 10%
Students will have the opportunity to test their developing knowldge in 5 online quizzes, which must be completed in specified weeks of semester.  Each quiz may be attempted twice, and the highest mark achived will contribute up to 2% towards their final DRE mark. Quizzes will consist of 15 questions drawn from a question bank. 

2. ADR and Pleadings Assignment - 10%
This individually assessed assignment will require students to critique a pleading, identify procedural and ethical issues that arise, and advise a client on further steps that should be undertaken. Instructions for the assignment will be provided via MyUni, and it will be submitted online via Turnitin. Provided a student receives a mark of 40%, their assignment grade can be redeemed by better performance in Part A of the the final examination.

3. Investigation, Ethics and Costs assignment - 10%
This individually assessed assignment will require students to advise a client about discovery and investigatory processes in light of ethical and costs issues. Instructions for the assignment will be provided via MyUni, and it will be submitted via Turnitin. Provided a student receives a mark of 40%, their assignment grade can be redeemed by better performance in Part B of the final examination.

4. First interlocutory application - 5% (group mark)
Working in groups, students will prepare for and represent their client in a disputed interlocutory application in their week 8 seminar. The team's performance, inlcuding the quality of the arguments made, use of law and facts, persuasive use of authorities, and oral presentation skills, will be marked. Each member of the group will share this mark unless there is evidence a group member did not adequately contribute to the presentation/preparation. In that case the course coorindator will adjust marks. A group member who has not contributed should expect to get 0% for this assignment.

5. Second interlocutory application - 5% (group mark)
Working in groups, students will prepare for and represent their client in a disputed interlocutory application in their week 10 seminar. The team's performance, including the quality of the arguments made, use of law and facts, persuasive use of authorities, and oral presentation skills, will be marked. Each member of the group will share this mark unless there is evidence a group member has not adequately contributed to the preparation/presentation. In that case, the course coordinator will adjust marks. A group member who has not contributed should expect to get 0% for this assignment.

6. Honours research project- 10%
Honours students will work on a substantial research project on a topic negotiated with the course coordinator. The topic must be finalised by mid semester. The student will receive ongoing supervision from a course coordinator during the semester, including regular meetings and remote supervision. The student is required to present a substantial written report (2500 words).

7. Examination – 50%
The final two hour invigilated examination will be held during the examination period and will be scheduled by the examinations office. A grade of 40% or higher in the examination is required to pass the subject overall. Under the MACA Policy, any student who has achieved an overall grade of 50% for the course but failed a hurdle requirement will be entitled to an Additional Assessment.

Students must retain a copy of all assignments submitted.

Late Submission Penalties
When an assessment is submitted after the due date, without an extension, 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend and public holidays. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc.

Word Length Penalties
5% of the total mark possible for a written assessment will be deducted for every 100 words (or part thereof) by which it exceeds a stipulated word limit. For example, a 3,000 word essay graded at 63% will have 5% deducted if it is between 3,001 and 3,100 words long for a final mark of 58%. If the essay is between 3,101 and 3,200 words long, 10% will be deducted for a final mark of 53%, etc. Word limits include all words in the text, in headings, in quotations, but exclude citations in footnotes. Any separate cover page, table of contents, bibliography or list of sources is excluded from the word limit. If the word limit is misstated, this may be regarded as academic dishonesty.

All written work in the Law school is required to comply with the approved Law School style guide, The Australian Guide to Legal Citation.

The quality of English expression is considered to be an integral part of the assessment process. Marks may be deducted from assessment because of poor expression, incorrect grammar, typographical errors etc.

Assignments will be returned to students within 3 weeks of the due date with feedback.

Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

Moderation

In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

• assurance of the qualifications of markers, and their knowledge of the content covered in each course;
• detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
• sharing of example marked assessments at various grade bands across markers;
• reviewing of selected marked assessments from each marker by the course coordinator;
• comparison of the marks and their distribution across markers;
• automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
• the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

Approval of Results by Board of Examiners

Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.

The 2021 SELT responses  indicated that students apreciated the element of redeemability incorporated into the assessment scheme, which we have continued in 2022.  We have also adopted the suggestion endorsed by the 2021 SELTs to split the single large assignment into two. We will continue to focus on engaging students with varied aspects of practice and providing a broad range of opportunities to develop and test procedural knowledge.

In 2020 we introduced a mechanism to reward Honours students in marks terms for the time they spent on their Honours Projects, which received great feedback. We also changed the format of the Honours Project.  In 2022 we have kept those changes which got good feedback.

The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program

Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support

The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.

Academic Integrity

All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia. Academic Integrity is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.