Course overview
- Study period
- Semester 2, 2024 (22/07/2024 - 18/11/2024)
- Study level
- Undergraduate
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
Please note this is a 2 unit course. Students who commenced in 2017 or 2018 may need to complete an additional level 5 LAWS elective to meet the requirements of their program (contact bel@uq.edu.au for advice).
This course explores the processes of commencing, conducting and concluding civil disputes including State and Federal civil procedure, alternative dispute resolution, private international law and remedies. Issues of jurisdiction, costs of resolving disputes, the role of lawyers and the courts in managing civil disputes, defining the issues in dispute, obtaining evidence, disclosure, judgment and enforcement are all examined.
LAW4701 Civil Dispute Resolution concerns some of the key skills required for the practice of law and equips students with an understanding of commencing, conducting and concluding civil litigation in the common law adversarial system. Course content focuses on the rules, principles and procedures of civil litigation operating in Queensland although some time is dedicated to comparing and contrasting the Queensland system with those operating in other jurisdictions, both in Australia and internationally.
The course has both intellectual and practical aspects. Students are introduced to a wide range of topic areas relevant to each stage of civil litigation. These areas include: the commencement of proceedings, the concept and operation of jurisdiction, identification of parties and causes of action, service and disclosure of documents, pleadings, alternative dispute resolution, pre-trial applications and the civil trial. Building on an intellectual foundation, students will be introduced to practical tools and resources such as court forms and example pleadings and will gain an in-depth knowledge of the Uniform Civil Procedure Rules 1999 (Qld) ("UCPR") and other important resources in the area.
Assessment focuses on putting civil procedure knowledge into practice through, for example, mastering the UCPR, drafting legal documents, making strategic decisions on case management and working through a hypothetical case. Opportunities will be provided for critical reflection on civil procedure in Queensland. For instance, throughout this course students will consider the role of costs, the various obligations of solicitors and barristers and the sometimes challenging aim of balancingﾠjustice, efficiency and fairness in civil proceedings.
Course requirements
Assumed background
It is assumed that students will haveﾠcompletedﾠundergraduate Law of Contract and Law of Torts.ﾠ Ideally, studentsﾠshould also have a reasonable knowledge of public law, property law andﾠequity.ﾠ They should have completedﾠor at least be concurrently enrolled in Law of Property Aﾠand Law of Trusts A.
Prerequisites
You'll need to complete the following courses before enrolling in this one:
32 units of LAWS courses
Recommended companion or co-requisite courses
We recommend completing the following courses at the same time:
LAWS4700
Incompatible
You can't enrol in this course if you've already completed the following:
LAWS4013 or 5215
Restrictions
LLB(Hons) and LLB(Hons) duals
Course contact
Course staff
Lecturer
Tutor
Mr Jamie Miller
Timetable
The timetable for this course is available on the UQ Public Timetable.
Aims and outcomes
Teaching Mission Statement
The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.
Course Aims
This course aims to build a clear understanding of the rules, principles and procedures governing civil litigationﾠwith a particular focus on Queensland's court system.ﾠ It will provide opportunities to master the UCPRﾠand other key legal sources relevant to conducting civil litigation in Queenslandﾠandﾠtoﾠdevelop and hone drafting, problem-solving and strategic thinking skills in preparation for legal practice.ﾠ This course will develop the knowledge and skills needed to make well-informed, strategic decisions and provide sound legal advice during the commencement, conduct and conclusion of a civil matter.ﾠ It will also offer opportunities forﾠcritical reflection on the civil litigation system as it operates inﾠQueensland and more broadly.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Identify and explain the key rules and principles relevant to each stage of a civil proceeding in Queensland.
LO2.
Apply rules and principles of civil procedure law effectively to solve unfamiliar problems.
LO3.
Demonstrate strategic thinking by identifying a range of options available to a party in a civil matter and by justifying the most appropriate course in the circumstances with reference to relevant rules and principles.
LO4.
Critically analyse and evaluate civil procedure law, practice and policy.
LO5.
Communicate legal advice effectively in written English, observing appropriate professional conventions and legal citation practices and, where appropriate, utilising and completing the correct court form.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Paper/ Report/ Annotation |
Pleading - Settle a Statement of Claim
|
30% |
16/09/2024 2:00 pm |
| Essay/ Critique |
Case Note
|
20% |
30/09/2024 2:00 pm |
| Examination |
End-of-semester Examination
|
50% |
End of Semester Exam Period 2/11/2024 - 16/11/2024 |
Assessment details
Pleading - Settle a Statement of Claim
- Online
- Mode
- Written
- Category
- Paper/ Report/ Annotation
- Weight
- 30%
- Due date
16/09/2024 2:00 pm
- Learning outcomes
- L01, L02, L03, L05
Task description
The brief for the assessment will be released on 30 August at 14:00.
Based on a given fact situation, students draft a Statement of Claim ensuring that it:
- is in a form that will be acceptable to the Court;
- is not at risk of being struck out by the Defendant; and
- effectively communicates the strength of the party's cause of action.
The word limit for this assignment is 2,000 words. Answers will not be read or marked beyond this limit. However, 2,000 words may not be required to draft an effective pleading.
This assessment task evaluates student’s abilities, skills and knowledge without the aid of Artificial Intelligence (AI).
Students are advised that the use of AI technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct.
Submission guidelines
Assignments must be submitted electronically via the submission link on the course Blackboard site.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
You will receive a mark of 0 if this assessment is submitted late.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
Case Note
- Online
- Mode
- Written
- Category
- Essay/ Critique
- Weight
- 20%
- Due date
30/09/2024 2:00 pm
- Learning outcomes
- L01, L02, L03, L04, L05
Task description
Introduction
This exercise demonstrates the skill of distilling the law from the decisions of the Courts.
Task
Students are required to write a case note of a recent decision of the High Court of Australia, Supreme Court of Queensland or District Court of Queensland not otherwise covered in the course that turned on a point of Queensland civil procedure. For the purposes of this assessment, "recent" means handed down within the last three years and "covered" means included in the List of Authorities in the Learning Guide.
This case note is to summarise the facts of the dispute, showing how the procedural point decided by the Court decided arose. The arguments before the Court on the point may be canvassed. The case note is then to explain the decision and assess its correctness in the light of authority.
Timing
You may choose to submit this assignment at any time before the due date.
Length
The word limit for this assignment is 1,000 words. A variation of 10%, i.e. between 900 and 1,100 words, is permissible. The portion of a student's case note that exceeds 1,100 words will not be read or marked. The cover page must state the word count.
Headings within the case note will be included in the world count. Footnotes that contain references only will not be included in the word count. Discursive footnotes will be included in the word count. A cover page will not be included in the word count.
Additional matters
Please note that:
- the assignment must be submitted electronically in Word or portable document formats;
- the document must be set in an appropriate and appropriately sized typeface with 1.5 line spacing and standard borders and margins; and
- there is no need to compile a bibliography. (It is sufficient to include any relevant bibliographic information in a footnote.)
This assessment task evaluates student’s abilities, skills and knowledge without the aid of Artificial Intelligence (AI).
Students are advised that the use of AI technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct.
Submission guidelines
Assignments must be submitted electronically via the submission link on the course Blackboard site.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved and that late submission is academically possible (e.g., it does not delay feedback to a cohort nor interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
End-of-semester Examination
- In-person
- Mode
- Written
- Category
- Examination
- Weight
- 50%
- Due date
End of Semester Exam Period
2/11/2024 - 16/11/2024
- Learning outcomes
- L01, L02, L03, L04, L05
Task description
The end-of-semester Examination is an on-campus, handwritten examination.
Any written or printed material (which may also be annotated) will be permitted in the examination theatre.
All material covered throughout the semester is examinable.
The duration of the examination will be 120 minutes with 10 minutes planning time (130 minutes in total).
The examination will comprise one or more problem questions (which may be broken down into sub-questions) and may include an essay question.
This assessment task is to be completed in-person.
The use of Artificial Intelligence (AI) tools will not be permitted. Any attempted use of AI may constitute student misconduct under the Student Code of Conduct.
Exam details
| Planning time | 10 minutes |
|---|---|
| Duration | 120 minutes |
| Calculator options | No calculators permitted |
| Open/closed book | Open Book examination |
| Exam platform | Paper based |
| Invigilation | Invigilated in person |
Submission guidelines
Deferral or extension
You may be able to defer this exam.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
| 2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
| 3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
| 4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
| 5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
| 6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
| 7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Supplementary assessment
Supplementary assessment is available for this course.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Find the required and recommended resources for this course on the UQ Library website.
Additional learning resources information
This course makes use of a range of resources freely available on the Queensland Courts website:ﾠcourts.qld.gov.au.ﾠ Students are advised to familiarise themselves with this website which contains invaluable and up-to-date information for practitioners and litigants. In this course,ﾠparticular use will be made of materials available at the following links:
- Court Forms:ﾠcourts.qld.gov.au/about/formsﾠ(scroll down forﾠUCPR)
- Supreme Court Practice Directions:ﾠcourts.qld.gov.au/courts/supreme-court/practice-directions
The Supreme Court Library also maintains a Uniform Civil Procedure Rules Bulletin which is kept up-to-date with cases in the Supreme and District Courts that have considered the UCPR:ﾠsclqld.org.au/caselaw/uniform-civil-procedure-rules.
The Law Library has collected together many of the online looseleaf services atﾠhttp://guides.library.uq.edu.au/legal-research-guide/looseleaf#s-lg-box-wrapper-12275241.Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Multiple weeks From Week 1 To Week 13 |
Lecture |
Lectures The programme of lectures for the course is set out in the Course Learning Guide. This is available from the course Blackboard site. Lecture topics are:
Learning outcomes: L01, L02, L03, L04 |
Multiple weeks From Week 2 To Week 13 |
Tutorial |
Tutorials There are ten tutorials in the course. Tutorials commence in Week 2. The programme of tutorials is set out in the Learning Guide which is available on the course Blackboard site. Tutorial topics are:
Learning outcomes: L01, L02, L03, L04 |
Policies and procedures
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments - Students Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
School guidelines
Your school has additional guidelines you'll need to follow for this course: