LAW 6502 - Civil Litigation Practice

North Terrace Campus - Quadmester 2 - 2020

The aim of the course is to provide an understanding of civil litigation practice and enable you as an entry-level lawyer to conduct civil litigation in first instance matters in at least one State or Territory court of general jurisdiction, in a timely and cost-effective manner. This course is not designed as a refresher course in civil litigation rather it builds on academic knowledge in a practical setting. Topics include: initiating a claim and pleadings, interlocutory applications, disclosure, gathering and presenting evidence and settlement and enforcement. The course is offered in partnership with South Australian practitioners.

  • General Course Information
    Course Details
    Course Code LAW 6502
    Course Civil Litigation Practice
    Coordinating Unit Adelaide Law School
    Term Quadmester 2
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Available for Study Abroad and Exchange N
    Assumed Knowledge Civil Litigation at Undergraduate level
    Restrictions Available to GDLP students only. Not available for Study Abroad & Exchange
    Course Description The aim of the course is to provide an understanding of civil litigation practice and enable you as an entry-level lawyer to conduct civil litigation in first instance matters in at least one State or Territory court of general jurisdiction, in a timely and cost-effective manner. This course is not designed as a refresher course in civil litigation rather it builds on academic knowledge in a practical setting. Topics include: initiating a claim and pleadings, interlocutory applications, disclosure, gathering and presenting evidence and settlement and enforcement. The course is offered in partnership with South Australian practitioners.
    Course Staff

    Course Coordinator: Desiree Holland

    Course Supervisors:

    Glen Pearce & Julie Brownett

    Adelaide Law School Liaison academic- Associate Professor Anne Hewitt
    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

    This course will be taught intensively. Full details of seminars and activities are made available on MyUni course website
    prior to the course commencing.

    Students are strongly advised to attend all seminars as assessments are linked to content taught in class. 
    Seminar 1
    Draft Pleadings
    Gathering Evidence

    Seminar 2
    Settlements
    Insolvency
  • Learning Outcomes
    Course Learning Outcomes

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

    1 Identify purpose, audience and structure and construct concise and cohesive written documents for a/legal/professional/general/audience within the context of civil litigation.
    2 Prepare, and analyse client instructions, and provide advice, having regard to the circumstances, good practice and the requirements of the law.
    3 Structure and sustain concise and cohesive written legal arguments.
    4 Demonstrate effective communication skills individually and as part of a group.
    5 Collaborate and debate the issues in the course.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    2
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    3
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    4
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    5
  • Learning Resources
    Required Resources

    No textbooks are assigned for GDLP courses.

    Seminar resources and readings are available on MyUni ONLY. Students must bring electronic devices to seminars to access seminar materials.

    Due to an emphasis on current legal practice other materials may be added after the course outline has been posted. Students are required to check MyUni daily to keep up to date.

    Recommended Resources
    Most course resources are provided to students online via MyUni. Relevant legislation can be accessed online via:

    http://www.comlaw.gov.au/

    http://www.legislation.sa.gov.au/index.aspx

    http://www.austlii.edu.au/

    MyUni will be used to post announcements, post additional lecture materials (including slides, and where available, audio recordings of lectures) and announce assignment tasks. It will also contain electronic copies of the Course Outline, Lecture and Seminar Guides, and
    Course Materials.

    Students are expected to check MyUni daily to keep up to date with these materials and additional learning resources throughout the course.
    Online Learning
    The course is supported by the MyUni course website. The website contains the following resources:

    1. Course information – including seminar schedule and assessment outline.
    2. Course materials – such as lecture presentations, seminar materials, readings and resources.
    3. Assessment – items of assessment and online submission.
    4. Grade centre – where students’ results for assessments are entered.

    MyUni will also be used to post announcements in both this course and GDLP Essentials. Students are expected to check MyUni daily to keep up to date.

    Students should check daily their University of Adelaide email.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    The course will be taught intensively. Compulsory face to face interactive, problem-solving seminars and practical exercises are supported by online lectures and readings.

    Students must come prepared for seminars and, where applicable, having listened to online lectures, undertaken prior reading and developed draft responses to seminar questions.

    A reminder that students must bring along electronic devices to the seminar so they can access the seminar materials electronically. A limited number of hard copy resources may be available.

    Full details of seminars and activities are made available on the MyUni course website prior to the course commencing.

    Attendance at all seminars is strongly advised. Missing seminars will put you at a severe disadvantage in completing the requirements of the course. In most cases, assessment tasks are strongly linked to seminars activities with some assessment occurring during seminars.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    Contact time
    This course will be taught intensively. For those attending classes on either weekdays or weekends, 1 full day of seminars will be scheduled. For those attending evening classes (these classes will only be run subject to sufficient enrolment numbers), an equivalnet number of attendance hours will be required.

    Preparation time
    In addition to attending formal classes it is anticipated that students will do 
    substantial independent work to prepare for classes and to complete the course assessments.

    The University expects full time students, in particular those enrolled over a 15- 20 week period, to devote in excess of 40 hours per week to their studies. 
    Learning Activities Summary
    Learning activities will involve an intensive seminar series as well as online lectures and materials to be used in preparation for the seminars. 

    - Lectures are a teacher-driven learning activity; relaying of knowledge and information. 
    - Seminars are more interactive than lectures. Students are expected to prepare answers to seminar questions to facilitate useful in-class discussions between peers. As such, seminars are largely student driven. Seminar leaders are learning facilitators. 

    Assessment tasks are also learning activities. 

    A detailed seminar schedule will be posted to MyUni prior to the course commencing.
    Specific Course Requirements
    The course is based on the rules of the Legal Practitioners Education and Admission Council (LPEAC) 2018 which specifies the expected competency standards for entry level lawyers at the point of admission. 

    In this course, the following elements of the National Competency Standards for Entry Level Lawyers are embedded:
    • Ethics and professional responsibility
    • Lawyers skills
    • Problem solving
    • Work management and business skills 
    Students are required to demonstrate, where appropriate, the following:
    • Punctuality
    • Workload management and ability to adhere to deadlines
    • Active engagement in practical activities
    • Respectful behaviour towards others
    • A high level of confidentiality at all times
    • Satisfactory completion of prescribed exercises
    For further information please contact the LSSA program manager (GDLP)
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary

    Assessments will be made available to students, prior to the nominated deadline. Assessment deadlines will be posted on MyUni prior to the course commencing.

    All assessments are competency based (non-graded pass). Competence must be demonstrated in ALL assessment tasks and activities.  MyUni requires a numerical value to display that competency has been demonstrated. Please note:

    1 – Competency has been achieved (non-graded pass)
    0 = Competency has not yet been achieved (re-submission required).

    Assessment Task Task Type Due Length Weighting Redeemable Learning Outcome
    Task 1
    Pre-attendance
    Individual

    1 day prior to course commencing

    Refer to MyUni closer to course start date n/a no 1-3
    Task 2
    Initial letter to client
    Statement of claim
    Letter to client disclosure
    Individual First week Refer to MyUni closer to course start date n/a no 1-5
    Task 3
    Application and affidavit
    File note-offer analysis
    Deed of settlement
    Individual Second week Refer to MyUni closer to course start date n/a no 1-5
    Task 4
    Attendance
    Individual n/a n/a n/a no 1-5
    Assessment Related Requirements

    Assessments will be made available to students, prior to the nominated deadline. Assessment deadlines will be posted on MyUni prior to the course commencing.

    All assessments are competency based (non-graded pass). Competence must be demonstrated in ALL assessment tasks and activities.  MyUni requires a numerical value to display that competency has been demonstrated. Please note:

    1 – Competency has been achieved (non-graded pass)
    0 = Competency has not yet been achieved (re-submission required).

    In this course, the following elements of the National Competency Standards for Entry Level Lawyers are embedded:

    • Ethics and professional responsibility
    • Lawyers skills
    • Problem solving
    • Work management and business skills

    Students are required to demonstrate, where appropriate, the following:

    • Punctuality
    • Workload management and ability to adhere to deadlines
    • Active engagement in practical activities
    • Respectful behaviour towards others
    • A high level of confidentiality at all times
    • Satisfactory completion of prescribed exercise
    Assessment Detail
    Assessments will be made available to students, prior to the nominated deadline. Assessment deadlines will be posted on MyUni prior to the course commencing.

    Assessments guidelines will be provided for each assesssment task. Unless otherwise stated, there will be no prescribed word limit for assessments. This is because the purpose of the GDLP program is to facilitate your transition from undergraduate academic law studies to the legal professional employment environment through the demonstration and practice of professionally-based skills and competencies. 


    All assessments are competency based (non-graded pass). Competence must be demonstrated in all assessment tasks and activities.  MyUni requires a numerical value to display that competency has been demonstrated. Please note:

    1 – Competency has been achieved (non-graded pass)
    0 = Competency has not yet been achieved (re-submission required).

    Assessment detail will be published on MyUni with a marking Rubric.

    The seminars will take the form of small workshop tasks taken in pairs or small groups. Ideally, students will need to work with at
    least one computer / device between 2 – 4 people.

    Assessed work is expected to be that of each individual student and plagiarism and all other rules regarding academic dishonesty apply.

    Assessment tasks
    Pre-attendance - Write a draft R33 (and / or Supp R17) Letter to the Defendant
    Draft pleadings based on the client's instructions
    Write a letter of advice to the client about disclosure obligations

    Draft an application and supporting affidavit seeking further disclosure from the Defendant
    Respond to an offer to settle
    Prepare a deed of settlement
    Submission
    Students must retain a copy of all assignments submitted.

    All assignments in this course are to be submitted electronically through Turnitin. Submissions to Turnitin are to be in Microsoft Word format (NOT in pdf)’.

    Students work will be marked in accordance with the marking rubric. 

    Resubmission 

    Students are required to demonstrate competency in all elements of the national competency standards and failure to do so will result in the relevant assessment being marked as non-competent. If the assessment is deemed non-competent students may be offered the opportunity to revise and resubmit the assessment. Students granted a resubmission will have up to 2 days from the time they are informed by email from the LSSA GDLP team to resubmit the assessment. In most cases only the parts of the assessment that do not attain competence will be required to be resubmitted. Only ONE opportunity is provided for resubmission. 

    Note: Students who submit an assignment late will not be granted an opportunity to resubmit should the assignment be deemed non-competent. 

    Assessments that do not attain competence on resubmission (fail), per University policy, are double-marked before the results are released back to the student. The first and second markers discuss what the final result will be.

    Extensions 

    Requests for extensions must be made electronically via GDLP Enquiries GDLPEnquiries@lawsocietysa.asn.au  Students MUST apply for an extension prior to the deadline. Extensions will be granted only for unexpected illness, hardship or on compassionate
    grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.

    Late Submission 

    Students who submit an assignment late may not be granted an opportunity to resubmit should the assignment be deemed non-competent.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    GS8 (Coursework Grade Scheme)
    Grade Description
    CN Continuing
    FNS Fail No Submission
    NFE No Formal Examination
    F Fail
    NGP Non Graded Pass
    P Pass
    C Credit
    D Distinction
    HD High Distinction
    RP Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    In this course all assessment and course results are competency based (non-graded pass) as per the table below.

    Competence must be demonstrated in all assessment tasks and activities.

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    Grade Grade reflects following criteria for allocation of grade Reported on Official Transcript
    Fail No Submission No work submitted for assessment FNS
    Fail Competency not demonstrated F
    Non-Graded Pass Competency demonstrated NGP
    Result Pending An interim result RP
    Continuing Continuing CN
    No Formal Examination No formal examination NFE
    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.

    Final results for this course will be made available through Access Adelaide.

    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.
  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

    Student feedback The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider.
  • Student Support
    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.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Academic Honesty
    Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

    Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (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 honesty 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.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.