University of Technology, Sydney

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75421 Civil Litigation

6cp; offered either on campus (lecture: 1hpw, workshop: 2hpw) or by distance (off-campus students practise the same skills with the same instructions with the benefit of teaching notes which are posted online each week and specifically relate to each task)
Requisite(s): (70717 Evidence and Criminal Procedure OR 71216 Law of Evidence) AND (140 Credit Value in spk(s): C10000-C10999 OR 60 credit points of completed study in C04236 Juris Doctor OR 132 credit points of completed study in C04148 Master of Law and Legal Practice)
These requisites may not apply to students in certain courses. See access conditions.
Antirequisite(s): 75401 Litigation
Undergraduate and Postgraduate

This subject deals with Civil Litigation in New South Wales courts. Areas of study largely follow the subject matter in the Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005 within a substantive and a practical framework with particular attention to drafting pleadings, particulars and interlocutory applications.

The subject aims to provide a practical understanding of the workings of civil procedure in NSW with a learning opportunity to:

  • assess the strengths and weaknesses of both the client's and opponent's cases
  • identify the facts and evidence required to support the client's case
  • identify an appropriate claim or defence
  • identify a court of appropriate jurisdiction
  • identify the elements of the claim or defence, according to law
  • identify the procedures for bringing the claim or making the defence in accordance with the court's rules
  • draft all necessary documents in accordance with those procedures, and
  • conduct settlement negotiations in accordance with specified principles

On-campus students practice the skills through attending workshops when the various rules and practice notes are discussed in the context of the specific instructions to act for a plaintiff in a civil matter and for the defendant in the same matter. Students engage in drafting initiating proceedings, a defence and an interlocutory matter and finally in a negotiation on the same matter.

Typical availability

Autumn semester, City campus
Spring semester, City campus

Note(s)

Students who enrolled in a Bachelor of Laws before 2008 and who choose not to complete practical legal training may elect to enrol in a substitute law option subject in place of this subject if they have completed 71005 Practice and Procedure. Subject substitution applications are made through eRequest at:

http://datasearch.uts.edu.au/evop

Fee information

2010 contribution for commencing Commonwealth-supported students: $1107
Note: Students who commenced prior to 1 January 2010 should consult the student contribution charges for Commonwealth-supported students
Not all students are eligible for Commonwealth-supported places.

2010 amount for undergraduate domestic fee-paying students: $2769

Note: Fees for postgraduate domestic fee-paying students and international students are charged according to the course they are enrolled in. Students should refer to the annual fees schedule.

Subject EFTSL: 0.125

Access conditions

Note: The requisite information presented in this subject description covers only academic requisites. Full details of all enforced rules, covering both academic and admission requisites, are available at access conditions and My Student Admin.