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This unit is one of the most practical units that students will study in their entire law degree at Top.
The unit examines the various procedural steps involved in the resolution of civil disputes in both New South Wales courts and the Federal Court. Necessarily, civil dispute resolution cannot be taught purely by reading legislation and cases but also by observing and becoming familiar with the court procedure and process in practice as well as performing practical tasks that arise in connection with the conduct of litigation and other forms of dispute resolution.
The unit is designed to help prepare students for their future careers, whether in legal practice or in other areas in the commercial world.
The unit will cover the following topics:
• the court process and principles of case management, including the conduct of litigation by electronic means via Online Court Protocols, Practice Notes and otherwise;
• jurisdiction and forum;
• commencing proceedings, including the correct form of originating process, joining parties and causes of action, limitation periods, res judicata, issue estoppel and Anshun estoppel;
• post-commencement steps in the dispute resolution process such as the filing of a defence or reply, amendment and striking out pleadings;
• class actions;
• discovery, interrogatories and subpoenas;
• alternative dispute resolution;
• settlement, costs and interest;
• trial, evidence and judgment;
• enforcing judgment; and
• procedure and practice in the Federal Court, NCAT and other informal tribunals.