LAWS4021 Procedure Part 1

The availability of units in Semester 1, 2, etc. was correct at the time of going to press but may be subject to change.

Credit: 12 points (Parts 1 and 2) Availability: Semester 1 and Semester 2 Old unit code: 200.022

Content: This unit is taken over two semesters in the same calendar year and parts 1 and 2 must be completed to fulfil the requirements of the unit.

The unit examines the procedure and practices for the conduct of civil litigation in federal courts, supreme courts, district courts and local courts from investigation of claim and commencement of proceedings to appeal (in the exercise of federal and state jurisdiction), with emphasis on the Rules of the Supreme Court of Western Australia.

The unit involves a consideration of alternatives to litigation; choice of court; identification and joinder of proper parties and causes of action; commencement of proceedings and service of process; pleadings, discovery, interrogatories and other interlocutory proceedings; case-flow management principles; operation of the expedited list; disposal of action without trial; preparation and entry for trial; conduct of trial, judgement, costs, enforcement and appeals to Full Court of the Federal Court of Australia, Supreme Court of Western Australia and the High Court of Australia.

Assessment: Students are required to undertake regular written and oral exercises, present the written exercises and complete a final examination.

Supplementary assessment is not available in this unit except in the case of a bachelor's pass degree student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course.

Unit Co-ordinator(s): John Fiocco

Location: UWA (Crawley)

Mode: on-campus

Unit Rules:

Prerequisites: Part 1: at least 114 points of law which must include LAWS1130 Legal Process, LAWS1101 Contract I, LAWS1102 Contract II, LAWS1107 Torts I, LAWS1108 Torts II, LAWS2204 Property I, LAWS2205 Property II and LAWS2202 Equity

Co-requisites: Part 2: LAWS3310 Evidence and LAWS4401 Constitutional Law II

Contact hours—lectures: 1 hr per week; tutorials: 1 hr per week

Unit Web Page: http://www.uwa.edu.au/page/103728

Note: Some unit web pages are still under construction and will be available in 2009.

Texts

Cairns, B. C. Australian Civil Procedure, 7th ed.: Lawbook Co. 2007

Fiocco, J. et al. Civil Procedure in Western Australia: A Practice Manual: UWA Law School [CD-ROM]

Seaman, P. L. Civil Procedureâ€”Western Australia: Butterworths 1996

Young, P. W. and Selby, H. Rose's Pleading without Tears in Australia: Federation Press 1997

Australian High Court and Federal Court Practiceâ€”CCH (three volumes)

Statutes

District Court of Western Australia Act 1969

Local Court Rules 1961 (WA)

Magistrates Court Act 2004 (No. 47 of 2004) (WA)

Magistrates Court (Civil Proceedings) Act 2004 (No. 48 of 2004) (WA)

Rules of the District Court 2005 (WA)

Rules of the Supreme Court 1971 (WA)

Service and Execution of Process Act 1992 (Cwlth)

Supreme Court Act 1935 (WA)

Other relevant legislation is referred to during the unit.

Reference Books

Atkins Court Forms, latest ed.: Butterworths

Casson, D. B. Odgers on High Court Pleading and Practice, 23rd ed.: Sweet & Maxwell 1991

Chitty, T. and Jacob, I. H. Queen's Bench Forms, 21st ed.: Sweet & Maxwell 1986

The Annual Practice (UK) (The White Book), any edition after 1966: Butterworths

Williams, N. Practice of the Supreme Court of Victoria, 2nd ed.: Butterworths 1973

Others to be advised as required.

Assistance with study skills, including English language skills, is available free of charge from Student Services for all enrolled students (see http://www.studysmarter.uwa.edu.au/). Student Services location: Second Floor, South Wing, Guild Village; telephone: 6488 2423.

Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary Reading', 'Recommended Reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. For first-year units the Bookshop will endeavour to make available photocopies of book lists for individual units. Books marked with an asterisk (*) are available in paperback.

Unit Resources

Unit Coordinator

Name: John Fiocco
Office: Law 2.13
Tel: 6488 2951
Email: jfiocco@fiocco.com.au

Consultation Times:
immediately following lecture

Uni of Sydney Research
Survey on Depression

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