Civil Procedure (11783.1)

Please note these are the 2026 details for this unit
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Civil Procedure
Available teaching periods Delivery mode Location
View teaching periods Online real-time
On-campus
 Bruce, 91风流
EFTSL Credit points Faculty
0.125 3 Faculty Of Business, Government & Law
Discipline Study level HECS Bands
91风流 Law School Level 4 - Undergraduate Advanced Unit Band 4 2021 (Commenced After 1 Jan 2021)
Band 4 2021 (Commenced After 1 Jan Social Work_Exclude 0905)
Band 5 2021 (Commenced Before 1 Jan 2021)
This unit exposes students to the process for the resolution of civil disputes from the commencement of proceedings to preparation for trial and the enforcement of judgment. The unit encompasses the role of case management and court annexed processes for the alternative resolution of disputes as a means of efficiently resolving civil litigation.

Learning outcomes

After successful completion of this unit, students will be able to:
1. Independently manage a litigation process to the point of interlocutory determination, including: (a) selecting the appropriate jurisdiction in which to commence civil proceedings; (b) effectively serving process; (c) drafting pleadings to identify and clarify the issues in dispute; (d) interlocutory proceedings; (e) joinder and group proceedings; (f) obtaining evidence; and (g) setting a matter down for trial;
2. Identify and explain the requirements of case management, settling down a matter for trial, enforcing judgment, appeals, and the role of legal costs in managing litigation;
3. Demonstrate independent and collaborative professional communication skills, taking into account multiple perspectives, to successfully negotiate civil procedure; and
4. Analyse and explain legal practitioners' obligations to clients, parties and the court at each stage of civil litigation.


Graduate attributes

1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
1. UC graduates are professional - work collaboratively as part of a team, negotiate, and resolve conflict
2. UC graduates are global citizens - think globally about issues in their profession
3. UC graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
3. UC graduates are lifelong learners - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development


Skills development

The assessment for this unit requires pre-admission lawyers to conduct civil litigation from the perspective of either the plaintiff or the defendant. Pre-admission lawyers will undertake a series of steps that might ordinarily be part of a civil claim. Each of the steps is assessable.

Purpose (or Why am I doing this?)

The unit is designed to provide an opportunity for the development of practical skills and experience that will be immediately applicable to your needs in the workplace.

The two most commonly reported criticisms of courses in civil procedure is that they are taught in such a way that there is no clear connection to 'the real world' and that for such a practically oriented area of study, there are too few opportunities to be engaged in practical learning experiences. 

The unit will cover the subject areas listed as compulsory for a unit in civil procedure by the Law Admissions Consultative Committee (the 'Priestley Committee'). However, the learning activities and assessment also allow you to demonstrate that you have achieved the expectations set for graduates by the Council of Australian Law Deans in their Teaching and Learning Outcomes (TLOs), in particular, TLO 3 that requires graduates to be able to:

(a) identify and articulate legal issues,
(b) apply legal reasoning and research to generate appropriate responses to legal issues,
(c) engage in critical analysis and make a reasoned choice amongst alternatives, and
(d) think creatively in approaching legal issues and generating appropriate responses.

A fact scenario will be made available to you in Week 1. The scenario sets out the factual background to a civil dispute in which you will be acting for either the plaintiff or the defendant. Certain material may only be available initially to either the plaintiff or defendant.

You should assume that all the elements of the claim occurred in the Australian Capital Territory.

In Week 1, the convenor will assign you to acting for either the plaintiff or the defendant. You will also be given the student email address of another pre-admission lawyer who will be acting for the other side.

The assessment tasks are similar, but their content depends on for whom you are acting. The details of each step are set out in the Assessment Details below. For simplicity, a flowchart outlining the steps will be provided on the unit's Canvas page.

In order to support you, there is a number of workshops throughout the semester for all pre-admission lawyers and for plaintiffs and defendants alone. We will also discuss a number of resources available to you to assist with different tasks.

 



Prerequisites

This unit is only available to students in a Bachelor of Laws. Students must pave passed unit 11251 Foundations of Law and Justice.

Corequisites

None.

Incompatible units

11443 Litigation and Dispute Processing PG

Equivalent units

11276 Litigation and Dispute Processing, 7047 Litigation and Dispute Processing

Assumed knowledge

None.
Year Location Teaching period Teaching start date Delivery mode Unit convener
2026 Bruce, 91风流 Semester 1 16 February 2026 Online real-time Dr Andrew Henderson
2026 Bruce, 91风流 Semester 1 16 February 2026 On-campus Dr Andrew Henderson
The information provided should be used as a guide only. Timetables may not be finalised until week 2 of the teaching period and are subject to change. Search for the unit timetable.

Required texts

Required Texts:

  1. Sonya Willis, Civil dispute resolution : balancing themes and theory (Cambridge Press, 2022) - This text is available for free and with unlimited licences through the UC Library.
  2. Court Procedure Rules 2006 (ACT) - These are available for free and can be accessed ,
  3. Authorised forms for use in the civil jurisdiction of the ACT Supreme Court and Magistrates Court - These are available for free and can be accessed for free .
  4. The Australian Guide to Legal Citation (Melbourne University, 4th ed, 2018) - This text is available for free and can be accessed .

Other readings will be provided on the unit's Reading List.

Recommended text:

Roger Eastman and William Rose, Pleadings Without Tears: A Guide to Legal Drafting Under the Civil Procedure Rules (Oxford University Press, 9 th ed, 2017)

Pleadings Without Tears is an English book but the rules of pleading in Australia are almost identical. This text provides a reasonable introduction to drafting pleadings. The 2012 edition (which is acceptable for this unit) is available as an e-book from the Library - see the reading list on Canvas.

Submission of assessment items

Extensions & Late submissions

Use of generative AI

The Assessment Information sets out when pre-admission lawyers can and cannot use generative AI.

In summary:

  1. Only WestLaw Precision may be used.
  2. WestLaw Precision may only be used in Assessment 1 and Assessment 3 Part A.
  3. Generative AI cannot be used for Assessment 2 or Assessment 3 Part B.
  4. The use of WestLaw Precision in Assessment 1 must adhere to the requirements set out in the Assessment Instructions.
  5. The use of WestLaw Precision in Assessment 3 Part A must adhere to the requirements of the NSW Supreme Court Practice Note SC Gen 23 - Use of Generative Artificial Intelligence (Gen AI), specifically paragraphs 10-18.

Just as in legal practice, failure to adhere to these requirements may result in professional sanctions in the form of referral for academic misconduct.

Special assessment requirements

Applications for Extension

All of the assessment tasks form part of a litigation simulation. That means that, just as in real life, all assessment tasks must be served on the pre-admission lawyer acting for the other party. This is a crucial part of the assessment and, if omitted in real life, may result in your client's claim or defence being struck out and costs awarded.

In the context of this assessment, late submission also presents a difficulty for the pre-admission lawyer acting for the other party. If you are going to be late in submitting an  assessment task, as a matter of professional courtesy you must also let the pre-admission lawyer acting for the other party know.

Students must apply academic integrity in their learning and research activities at UC. This includes submitting authentic and original work for assessments and properly acknowledging any sources used.

Academic integrity involves the ethical, honest and responsible use, creation and sharing of information. It is critical to the quality of higher education. Our academic integrity values are honesty, trust, fairness, respect, responsibility and courage.

UC students have to complete the annually to learn about academic integrity and to understand the consequences of academic integrity breaches (or academic misconduct).

UC uses various strategies and systems, including detection software, to identify potential breaches of academic integrity. Suspected breaches may be investigated, and action can be taken when misconduct is found to have occurred.

Information is provided in the , , and University of 91风流 (Student Conduct) Rules 2023. For further advice, visit Study Skills.

Participation requirements

None.

Required IT skills

This unit involves online meetings in real time using the Virtual Room in your UCLearn teaching site. The Virtual Room allows you to communicate in real time with your lecturer and other students. To participate verbally, rather than just typing, you will need a microphone. For best audio quality we recommend a microphone and speaker headset. For more information and to test your computer, go to the Virtual Room in your UCLearn site and 'Join Course Room'. This will trigger a tutorial to help familiarise you with the functionality of the virtual room.

Work placement, internships or practicums

None.

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