James Cook University Subject Handbook - 2024

LA4022 - Civil Procedure

Subject Description

This subject meets the Priestly Eleven requirements for admission. It introduces students to the principles of civil procedure in the Queensland Courts under the UCPR and associated case law and practice directions e.g. R5 - fairness, ethics, crystalising issues; steps taken in litigation; service; limitation of actions; pleadings; disclosure; privilege; ADR and arbitration; procedure in court/ at trial; appeals; enforcement of judgments; costs; specialist jurisdictions in Queensland e.g. Industrial Courts and tribunals. Students will be encouraged to examine critically the effectiveness of the Uniform Civil Procedure Rules in implementing the fundamental principles of civil procedure. To assist in that examination, reference will be made from time to time to the procedural rules of other Courts e.g. Federal Court e.g. cross-vesting. This process will allow students to develop sound practical skills necessary for the practice of civil litigation in a broad range of Courts (especially Queensland Supreme Court), without losing sight of the fundamental principles.

Learning Outcomes

• apply the practices and rules of courts and tribunals using the common law model
• critically explain the principles of civil procedure by examining their implementation

Subject Assessment

• Written > Examination (centrally administered) - (60%) - Individual
• Tutorial/Workshop - (10%) - Individual
• Written > Research report - (30%) - Group

Note that minor variations might occur due to the continuous subject quality improvement process, and in case of minor variation(s) in assessment details, the Subject Outline represents the latest official information.

Assumed Knowledge:  LA3004

Availabilities