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LECTURES
For Civil Litigation there are 10 hours of lectures: the lectures are pre-recorded and available online.
There are NO face to face lectures.

SEMINARS
For Civil Litigation there are 10 hours of Seminars divided into the following blocks of time
All Seminars are compulsory
Students enrol in ONE seminar group ONLY

Topic 1: Initiating a Claim 2 hours
Topic 2: Interlocutory Applications 2 hours
Topic 3: Disclosure 2 hours
Topic 4: Gathering and Presenting Evidence (including Preparing a Brief for Counsel) 2 hours
Topic 5: Settlements and Enforcements 2 hours

ONLINE ACTIVITIES
In addition to the Lectures and Seminars there are 4 hours of online activities to be completed.

By the end of this course you should be able to:

1. display competence in tasks that a junior lawyer would complete in a Civil Litigation matter, including proficiency in applying the District Court Civil Rule;

2. draft common documents in a Civil matter such as a statement of claim, a disclosure list, letter of demand, and a settlement deed;

3. prepare an interlocutory application for or against setting aside a default judgment;

4. have an overview of the disclosure process in four major civil jurisdictions and understand your professional responsibility to advise the client of their disclosure obligations, including the consequences of non-compliance;

5. understand four different methods to gather evidence including the purpose, timing and drafting tips for each method; and

6. understand the appeal process in four major civil jurisdictions for interlocutory and final judgments and your professional responsibility in meeting the appeal requirements.

Seminar resources are available on MyUni ONLY. Please NOTE there will be no hard copy of seminar resources printed. Students must bring along an electronic device to seminars so that they can access seminar materials. Reading resources are also available on MyUni, along with supplementary non-assessed online quizzes and activities to enhance your learning.

Topic 1: Initiating a Claim

Acts

• Partnership Act 1891: ss 9-18, 23, 33
  •   
• Limitation of Actions Act 1936: ss35-38
  •  
• Magistrates Court Act 1991: ss1-24
• District Court Act 1991: ss1-9 and 30-42
  •   
• Supreme Court Act 1935: ss1-5, 17-27 and 40
  •  

Rules

• District Court Civil Rules, 2006: ss 33, 73-79, 85-86, 98-100, 131-146, 150-152, 156-158, 171-181, 194, 263-270 and 281-294
  •  
• Magistrates Court (Civil) Rules 1992: ss20, 20A, 24 and 106-108
  •  
• Supreme Court Civil Rules 2006: ss90-106, 194, 263-270, and 280-294

Forms

• District Court Practice Directions 2006 (Part II: Forms): Forms 1, 2, 3 and 20
• Magistrates Court Civil Forms: Form 2
•   

Law Society papers 

Lazarevich, Alex, Pleadings, Law Society of South Australia, 2006
Anonymous, Practical Advice on Running a Civil Litigation File, 2013.

Topic 2: Interlocutory Applications

Cases

• Gemini Property Investments Pty Limited v Woodards Investments Pty Limited & Ors [2000]
  • )  
• Watson v Anderson (1976) 13 SASR 329 (provided on MyUni)
• Westpac Banking v Garrett [2004] SASC 265
  • ) 

Lunn Commentary 

• District Court Civil Rules 2006: ss131-135 (Interlocutory Applications)

Law Society Papers 

• Mayfield, Cathy, Interlocutory Applications, Law Society of South Australia, 2012

Topic 3: Disclosure

Lunn Commentary 

• District Court Civil Rules 2006: ss136-145 (Disclosure)
• District Court Civil Rules 2006: ss146 (Non-Party Disclosure)

Law Society Papers

• Anonymous, Disclosure: An Overview, Law Society of South Australia, 2013
• Heinrich, Peter, Disclosure & Non-Party Disclosure, Law Society of South Australia, 2009

Topic 4: Gathering & Presenting Evidence

Acts

• Supreme Court Act 1935 (SA): s35
  •   
• Evidence Act 1929 (SA): s34C and 45B
•  

Rules

• Supreme Court Civil Rules, 2006: Rules 156 and 157 (Admissions), 171-183 (Subpoena)

Lunn Commentary

• District Court Civil Rules, 2006: ss150-152 (Pre-trial examination by written questions)
• District Court Civil Rules, 2006: ss156-158 & 171-181 (Notice to Admit)

Law Society Papers

• Blumberg, Mark, Gathering and Presenting Evidence, Law Society of South Australia, 2011
• Paulson, Leonie, Preparing a Brief for Counsel, Law Society of South Australia, 2005

Topic 5: Settlements and Enforcement

Acts

• Evidence Act 1929 (SA): s67C (Exclusion of evidence of settlement negotiations)
• Enforcement of Judgments Act 1991 (SA)
  •   

Cases

• Masters v Cameron (1954) 91 CLR 353:
•   

Lunn Commentary 

• Supreme and District Court Civil Rules 2006: ss33, 73-79, 85-86 and 98-100
• Supreme and District Court Civil Rules 2006: s194 (Security for Costs)
• Supreme and District Court Civil Rules 2006: ss263-270 (Costs)
• Supreme and District Court Civil Rules 2006: ss280-294 (Appeals)

Other Commentary 

• Magistrates Court (Civil) Rules 1992: s106 (Costs)
  Supreme and District Court Civil Rules, Practice Direction 6, Appellate Proceedings

Law Society Papers 

• Cameron, Robert A, Negotiating Compromises and Taking Action to Enforce Orders and Settlement Agreements, Law Society of South Australia, 2011

Note: all of the resources are provided to students ONLINE.
Due to the emphasis on the currency of legal practice, other materials may be added after the course outline has been posted.
Details of supplementary readings and resources will be posted online under the Content section of Civil Litigation Practice.

All course materials are provided on My Uni. This includes readings, seminar materials, assessment information and instructions, and audio recordings of lectures. Students are expected to check MyUni frequently over the time of the course, to keep up to date with these materials and additional learning resources.

The course will be taught through online lectures supported by face to face interactive problem-solving seminars and practical exercises developing primary material.

Students must come prepared for seminars with prior reading of material and draft responses to the seminar questions. Students must arrive on time for the seminars. If students have not prepared seminar responses and/or have arrived more than 10 minutes late they will be asked to leave the seminar group and enrol in another seminar group.

A reminder that students MUST bring along an electronic device to the seminars so that they can access the seminar material electronically.

Attendance is necessary to ensure that students are part of an interactive and reflective learning environment (which enhances learning outcomes of the substantial material covered) and develop their skills of oral presentation, teamwork and persuasion (valuable communication skills in professional environments).

Preparation for seminars is an essential element of this course. The necessary interactive learning environment in a seminar cannot be achieved without informed participation from all students. Further, by working in small groups within seminars to answer some questions, students develop skills of teamwork. Moreover, active participation in seminar discussions requires students to develop their skills of oral presentation, and their abilities to persuade others through the use of reasoned argument.

Students who, due to disability, compelling medical or compassionate reasons, or in exceptional circumstances, are unable to attend the required number of seminars, may complete alternative work in lieu of attendance. The precise nature of this make-up work will depend on the seminar missed and will be negotiated with the GDLP Program Director. Students should inform the GDLP Program Director at the earliest opportunity if they will require this permission.

For these reasons seminar attendance is compulsory and active participation is required.

There will be 10 hours of online lectures and 10 hours of face to face seminars during the course plus an additional 4 hours of online activities

Civil Litigation is a 2 week intensive course.

In addition to the lectures and seminars, we recommend that you spend 8 hours per week in private study which includes reading the material, preparing for lectures and seminars and undertaking the assessment tasks.

Topic 1: Initiating a Claim 

Lecture 1: 2 hours

Seminar 1: 2 hours


Topic 2: Interlocutory Applications 

Lecture 2: 2 hours

Seminar 2: 2 hours


Assessment: Multiple Choice Quiz Topics 1 and 2, 10%


Topic 3: Disclosure 

Lecture 3: 2 hours

Seminar 3: 2 hours


Topic 4: Gathering and Presenting Evidence (including Preparing a Brief for Counsel)

Lecture 4: 2 hours

Seminar 4: 2 hours

Assessment: Multiple Choice Quiz Topics 3 and 4, 10%


Topic 5: Settlements and Enforcements 

Lecture 5: 2 hours

Seminar 5: 2 hours

Additional 4 hours of online activities complementary to the lectures and seminars.


Assessment: Statement of Claim and Letter of Demand 40%

Assessment: Interlocutory Application for/against a default judgement  40%

The course is based on the rules of the Legal Practitioners Education and Admission Council (LPEAC) 2004 which specifies the expected competency standards for entry level lawyers at the point of admission. In order to pass this course you are required to demonstrate competence in these standards. Consequently, compulsory attendance and active participation in seminars is required.

Topic 1: Initiating a Claim  and Topic 2: Interlocutory Applications

Assessment:

Multiple Choice Quiz Topics 1 and 2, 10%

Available: 17/3/14, 9am
Deadline: 24/3/14, 5pm


Topic 3: Disclosure  and 
Topic 4: Gathering and Presenting Evidence (including Preparing a Brief for Counsel)

Assessment:

Attendance and satisfactory participation in seminars is compulsory.

Unless otherwise stated, there is no prescribed word limit for assessments.

This is because the purpose of the GDLP is to transition you from academic study into professional employment. In a workplace it is highly unlikely you are going to be told a certain number of words or pages for the tasks you are asked to complete.

However, in the majority of assessments guidelines will be provided.

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.

Presentation is to be single spaced and 2.5cm left margin.

Assessments will be returned to students within 3 weeks of the due date, unless otherwise notified by the GDLP Program Director through a Course Announcement.

The marked and scanned copy of assessments will be returned via email.

SUBMISSION
Students must retain a copy of all assignments submitted.

All failed assignments, per University policy, are double-marked before the result is released back to the student. The first and second markers then discuss what the final result will be.

If a student still fails after the double marking process, they have to revise and resubmit the assignment to a pass standard. The maximum mark a student can receive is 50%.

Late submission penalty
Any assignment submitted after the due date without an approved extension will receive a penalty of 5% for every 24 hours of lateness.

Approved extensions are through the GDLP Program Director.

Extensions on medical or compassionate grounds will be in accordance with University Policy.

Late assessments are to be submitted to gldpassessment@lawsocietysa.asn.au

If a student receives a mark between 50 to 55%, but subsequently fails due to late penalties then 50% is the maximum mark they will receive. BUT, in addition, the student will be asked to revise and resubmit a task from the assessment, at the discretion of the GDLP Program Director.

If a student receives a mark of 56% or above, but subsequently fails due to late penalties, then 50% is the maximum mark they can receive. There is not an opportunity to resubmit this assignment.

For example if a student gets 64% and has a late penalty of 20%, giving a result of 44%. This student would get 50% for the assessment and will not be able to resubmit this assignment.

RESUBMISSION
All the assessments for this course are redeemable. This means, if you fail the assessment due to the quality of the work (not because of late penalties) then you are able to revise and resubmit the assessment. You have 7 days from the time you are informed by email from the LSSA GDLP Office to resubmit your assessment.

The parts of the assessment you are to resubmit are the parts that you received less than 50% on. You only have ONE opportunity to revise and resubmit your assessment. An alternative task will be set for the non-redeemable assessment.

When your assessment is resubmitted it is marked according to the marking rubric. Your result, for example maybe 64% BUT the most you can receive for a revised and resubmitted assessment is 50%.