13600 (v.2) Litigation 384

Area:

School of Business Law

Credits:

25.0

Contact Hours:

3.0

Seminar:

1 x 3 Hours Weekly

Syllabus:

Trial and appelate courts. Civil procedure - process service, interlocutory proceedings, trial preparation and process, rules of evidence, judgement, costs and enforcement. Appeals. Out of court settlement. Alternative dispute resolution.

Unit Outcomes:

On successful completion of this unit students will have- Understanding of the importance of taking full and proper instructions from clients. Become familiar with some court and tribunal procedures in Western Australia. Understanding of the relationship between courts and tribunals and the parties to litigation. Recognised the importance of the rules of procedure and evidence. Become able to refer to appropriate legal resources in order to investigate issues relating to the litigation and to prepare and construct legal arguments. Developed writing skills. Knowledge of practical understanding of the role of an industrial advocate. Identified how industrial law theory is applied in tribunals. Compared and contrasted the operations of the State and Federal industrial systems.

Text and references listed above are for your information only and current as of September 30, 2003. Please check with the unit coordinator for up-to-date information.

Unit References:

Aronson, M. and Hunter, J. (1998). Litigation Evidence and Procedure. (sixth edition). Sydney, Butterworths. Britts, M.M.G. (1990). Pleading Precedents. (fourth edition). Sydney, Law Book Company. Chay, A. and Smith, J. (1996). Legal Interviewing in Practice. Law Book Company. Davies, L.E. (1993). Anatomy of Cross Examination. Sydney, Prentice Hall Law & Business. Glissan, J.L. and Tilmouth, S.W. (1998). Advocacy in Practice. Sydney, Butterworths. Glissan, J.L. (1991). Cross-examination Practice and Procedure. (second edition). Sydney, Butterworths. Hyam, M. (1990). Advocacy Skills. Sydney, Blackstone Press. Kyrou, E. and Lewis, G. (1993). Handy Hints on Practice. (second edition). Sydney, Law Book Company. Lauchland, K.A. and Le Brun, M.J. (1996). Legal Interviewing: Butterworths Skills Series Sydney, Butterworths. Ligertwood, A. (1993). Australian Evidence. (second edition). Sydney, Butterworths. Stuesser, L. (1993). An Introduction to Advocacy. Sydney, Law Book Company. Wellman, F. (1986). The Artof Cross-Examination. New York, Dorset.

Unit Texts:

Brown, K. and Brown, M. (1991). Cawthorne and Shillabeer's Handbook for Industrial Advocates. (WA Edition). Nedlands, Management Department, University of Western Australia.

Unit Assessment Breakdown:

Assignment 30%, Verbal Report 30%, Final Report on Commission Visit 40%. This is by grade/mark assessment.

Year	Location	Period	Internal	Area External	Central External
2004	Bentley Campus	Semester 2	Y