LAW 6502OL - Civil Litigation Practice

Online - Quadmester 2 - 2024

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.

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Course Details

Course Code	LAW 6502OL
Course	Civil Litigation Practice
Coordinating Unit	Adelaide Law School
Term	Quadmester 2
Level	Postgraduate Coursework
Location/s	Online
Units	3
Contact	Online
Available for Study Abroad and Exchange	N
Assumed Knowledge	LAW 3501
Restrictions	Available to GDLP students only. Not available for Study Abroad & Exchange
Assessment	Assessment in this course will include letter of advice, drafting pleadings, preparing a deed of settlement and responding to an offer to settle.

Course Staff

Course Coordinator: Diane Van Bochove

Course Coordinator: Diane Van Bochove

As course staff work in the South Australian legal profession, all communication should be directed to the GDLP Coordinator, Diane Van Bochove in the first instance: gdlpenquiries@lawsocietysa.asn.au

The GDLP Coordinator will contact the appropriate course staff as necessary.

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 is offered online and is self-paced. The course content and assessments are required to be completed within four weeks from the course commencement date. Assessment due dates will be published via MyUni. There will be three synchronous online workshops held via Zoom. The timing of these workshops will be communicated via MyUni. Students must also attend an in-person oral assessment at a time to be advised.

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)
Attribute 1: Deep discipline knowledge and intellectual breadth Graduates have comprehensive knowledge and understanding of their subject area, the ability to engage with different traditions of thought, and the ability to apply their knowledge in practice including in multi-disciplinary or multi-professional contexts.	1
Attribute 2: Creative and critical thinking, and problem solving Graduates are effective problems-solvers, able to apply critical, creative and evidence-based thinking to conceive innovative responses to future challenges.	2
Attribute 3: Teamwork and communication skills Graduates convey ideas and information effectively to a range of audiences for a variety of purposes and contribute in a positive and collaborative manner to achieving common goals.	3
Attribute 4: Professionalism and leadership readiness Graduates engage in professional behaviour and have the potential to be entrepreneurial and take leadership roles in their chosen occupations or careers and communities.	4
Attribute 6: Australian Aboriginal and Torres Strait Islander cultural competency Graduates have an understanding of, and respect for, Australian Aboriginal and Torres Strait Islander values, culture and knowledge.	1
Attribute 8: Self-awareness and emotional intelligence Graduates are self-aware and reflective; they are flexible and resilient and have the capacity to accept and give constructive feedback; they act with integrity and take responsibility for their actions.	5

Learning Resources

Required Resources

Generally, no textbooks are assigned for GDLP courses. However, please refer to MyUni for specific required readings, including links to online resources. There are also additional supplementary resources and enhanced learning material to support your learning on MyUni.

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 regularly to keep up to date.

Recommended Resources

Relevant law can be accessed online via:

http://www.legislation.gov.au/
http://www.legislation.sa.gov.au/
http://www.austlii.edu.au/

Online Learning

MyUni will be used for all course materials, communication, links to resources, online tutorial support and assessments, including submissions, feedback, and grades.

Students should check daily their University of Adelaide email.
Learning & Teaching Activities

Learning & Teaching Modes

Engagement with course content is facilitated by online presentations, interactive online activities, readings and resources, and self-directed research and study supported by three interactive Zoom sessions (the timing of these sessions will be communicated on MyUni). Learning is scaffolded across the modules to ensure that students develop the legal knowledge as specified by the Legal Practitioners Education and Admission Council (LPEAC).

Workload

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

The information below is a guide to assist students in engaging appropriately with the requirements of this intensive course.

This is a three-unit course, and the university workload measurement for students on this course is 156 hours. Students should expect to spend 30-35 hours per week engaging with the online content, private study and completing the assessments for this course.

Learning Activities Summary

The information below is a guide to assist students with planning their study workload:

Week One
Module 1: Pre-Litigation Steps
Topic 1 Confirming Client’s Instructions
Topic 2 Pre-action Steps

Module 2: Court Proceedings
Topic 1 Pleadings

Week Two
Module 2 continued
Topic 2 Interlocutory Application, Supporting Affidavits and Orders

Module 3: Settlement Offers, Enforcement and Cost Recovery
Topic 1 Settlement Offers
Topic 2 Enforcement and Cost Recovery

Specific Course Requirements

This 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
Lawyer's Skills
Problem-Solving
Work management and business skills

For further information, please contact the Law Society of SA Program Manager (GDLP).

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

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

Assessment Summary

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

Assessment Task	Task Type	Due	Weight	Length	Learning Outcome	Redeemable
Pre-Litigation Steps Initial letter of advice to a client including costs advice	Individual	Week 1	n/a	Approximately 1000 words	1-3	No
Pre-Action Claim to Respondent	Individual	Week 2	n/a	Approximately 1000 words	5	No
Draft a Statement of Claim	Individual	Week 2	n/a	Approximately 1000 words	2-3	No
Interlocutory Application, Supporting Affidavit and Draft Orders	Individual	Week 2	n/a	Approximately 2500 words	2-5	No
File note-Offer Analysis/Taxation of Costs	Individual	Week 2	n/a	1-2 pages	1,3	No
Oral presentation	Individual	Week 3	n/a	Approximately 15 minutes	1-5	No

Assessment Related Requirements

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.

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 assessment task.

Assessment Detail

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 demonstrated (Non-graded pass)
0=Competency not demonstrated (Re submission required)

Initial letter of advice to a client including costs advice
Using the witness statement and supporting evidence and costs estimate worksheet provided, write a letter to the client confirming instructions and advising about litigation costs.

Pre-action letter to the respondent, statement of claim and interlocutory application and affidavit (form)
This assessment requires students to write a pre-action letter to the respondent.
Draft pleadings based on the client’s instructions.
Draft the appropriate Interlocutory Application.
Identify further evidence to be sought supported by an affidavit to obtain that evidence.

File note-Offer Analysis/Taxation of Costs
This assessment requires students to draft a memorandum to a senior practitioner providing an analysis of the respondent’s offer to settle.

Oral Assessment
Students will be provided with a date and time to attend an oral assessment. The format of the assessment will be a professional discussion with the assessor - you can liken this oral assessment as a meeting with a work supervisor to discuss a client matter. The subject matter of the oral assessment is based on the previously completed assessments in this course.

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 formate (not in pdf).

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

Resubmission

Students must 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. A resubmission is only allowed if a bona fide attempt has been made in the initial submission. In most cases, only the parts of the assessment that do not attain competence will be required to be resubmitted. Students may access supplementary teaching. Usually, only one resubmission is allowed per assessment.

Final assessments that do not attain competence on resubmisison (fail), per University policy, are double-marked before the results are released back to the student.

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

Assessments submitted late without an approved extension may not be marked.

All assessments in this course must be completed. Failure to complete any of the assessments will result in course failure.

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.

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

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 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.
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.

Authorised by:	Deputy Vice-Chancellor and Vice-President (Academic)
Maintained by:	Course Outlines Administrator