LAW7401 - Civil Litigation Practice

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Module Descriptions

Module 1: Introduction to Civil Litigation Practice

This Module provides you with an overview of the legislative and administrative structures within which civil claims are pursued and dealt with. You will be introduced to the legislation, rules and practice notes that pertain to the various courts dealing with civil matters at state and federal levels. You will learn about legal jurisdiction, adjudication by the law courts and alternative methods of resolving disputes. You will be acquainted with resources that you are likely to use in your litigation practice.

Module 2: Assessing the merits of a case and identifying dispute resolution alternatives

In this Module you will learn about the preliminary steps to observe when you are instructed in a matter which may need to be litigated. You will look at timelines in litigation and explore alternative methods of dispute resolution to achieve the best outcome for the client. Litigation may not be the only recourse and it is your duty to consider other lines of action that may produce the same result at lower cost. You will address ethical issues that typically arise when you are instructed to litigate a matter. The initial interview with a client is critical in establishing your relationship with the client and to explore all possible avenues for the resolution of your client’s problem. It is important that you establish the relevant facts and determine what your client wants to achieve. You will then need to weigh up your client’s case against the law and the evidence. You would then normally send the client a letter of advice, confirming what you had established about the claim, detailing possible courses of action and the steps to be followed in taking action, the likely costs involved and a timeframe in which the actions will occur.

Module 3: Initiating and Responding to Claims

In this Module you will learn to identify the appropriate forum and jurisdiction for your client’s claim. You will be acquainted with court procedures which facilitate identification of the proper parties and the right cause of action prior to commencing proceedings. You will learn about the various initial stages of litigation and critical court documents which will set the tone for the conduct of the claim. You will learn to identify and set out the elements of your client’s cause of action (or defence, as the case may be) in the appropriate form according to the rules of pleading. You will consider situations where you may request further details from your opponent and even join other parties to the action in order to protect your client or indemnify him/her against loss. You will learn the importance of service in initiating legal action and to invoke the jurisdiction of the Court.

Module 4: Interlocutory and default proceedings

This Module will acquaint you with various court processes which expedite the resolution of the dispute (thus minimizing costs), preserve property which might otherwise be spirited away or dissipated or free your client from suffering an unmeritorious claim. You will learn about the rules that apply to these processes and to draft documents in compliance with those rules.

Module 5: Case management

This module will introduce you to judicial management of cases, a largely administrative process whereby the Court keeps track of the progress of matters pending before it and ensures that cases are dealt with expeditiously.

Module 6: Gathering and presenting evidence

This Module will lead you through some of the important issues about gathering and discovering evidence, identifying the issues that are likely to arise at the trial and the ethical issues on disclosure. You will learn about pre-trial procedures which are intended to make litigation an open and transparent process, reduce the scope of contention and mitigate the adversarial nature of court proceedings under the common law system. These procedures are tools designed to promote settlement, fair play and disposal of peripheral issues and to facilitate the expeditious conduct of trials. You will be acquainted with the use of witnesses (including expert witnesses) and communication technology to present evidence on behalf of your client. You will learn to use tools such as affidavits and experts’ reports to present evidence in the manner most advantageous to your client.

Module 7: Working towards settlement

Alternative dispute resolution (ADR) methods are becoming increasingly important in the settling of disputes in today’s litigation practice. Negotiation, mediation and arbitration can help resolve disputes without the costs (financial and otherwise) normally associated with litigation. As a modern litigator, you will need to be familiar with various ADR mechanisms and other tools to provide the best service to your client. You will consider ethical issues in choosing between litigation and ADR, and learn to properly document settlements which are effected out of court.

Module 8: Enforcement of judgments and orders

An important part of your duty to your client is to realize any successful judgement that you have obtained for your client. You will learn about the various means of enforcement so that your client will be able to taste the fruits of victory. You will also consider ways of recovering costs, both for your client and for yourself.

In this Module you will review the Unit and complete the Unit Evaluation form.