Dispute Resolution and Civil Litigation

Course aim

The aim of this course is to provide students with skills sufficient to resolve civil disputes through a range of dispute resolution strategies including negotiation, mediation and conciliation and also, where necessary, to understand and apply the relevant Civil Rules to the litigation of a civil matter in the courts.

Course content

Civil justice and the dispute resolution framework
Institutional participants -  industry ombudsman, tribunals and the courts
Principles and practice concerning the resolution of civil disputes through negotiation, mediation and conciliation
Contemporary developments in dispute resolution including online dispute resolution and mass settlement schemes
Triaging of disputes and the interaction between various dispute resolution processes
Jurisdiction
Litigation as a coercive process; Preservation Orders, Interlocutory Injunctions, and Limitation periods
Case Management and the joinder/disjoinder of parties
Pleadings and Affidavits
Disclosure and production of documents; Confidentiality and Privilege; accessing further information; subpoenas
Trial, judgment, re-litigation and costs

Textbook(s)

Castles M & Hewitt A 2020, Dispute Resolution and Ethics , 3rd ed, LawBook Co, Thomson Reuters, Australia

Prerequisite(s)

72 units of Law study

Corequisite(s)

Nil

Teaching method

Component	Duration
INTERNAL, CITY WEST
Seminar	3 hours x 10 weeks
Lecture	3 hours x 10 weeks
INTERNAL, CITY WEST (INTENSIVE)
Seminar	60 hours x N/A

Note: These components may or may not be scheduled in every study period. Please refer to the timetable for further details.

Assessment

Advocacy exercise, Case study, Problem solving exercise

Fees

EFTSL*: 0.250
Commonwealth Supported program (Band 4C)
To determine the fee for this course as part of a Commonwealth Supported program, go to:
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Fee-paying program for domestic and international students
International students and students undertaking this course as part of a postgraduate fee paying program must refer to the relevant program home page to determine the cost for undertaking this course.

Non-award enrolment
Non-award tuition fees are set by the university. To determine the cost of this course, go to:
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Not all courses are available on all of the above bases, and students must check to ensure that they are permitted to enrol in a particular course.

* Equivalent Full Time Study Load. Please note: all EFTSL values are published and calculated at ten decimal places. Values are displayed to three decimal places for ease of interpretation.