UnitLevel 5Postgraduate

LAW5013 Principles of litigation and dispute resolution

Faculty of Law

LAW5013 Principles of litigation and dispute resolution is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law. It isn't offered in 2021. It has no prerequisites and unlocks 2 units.

Credit points
6
Offered in 2021
Other periods
Monash Law Chambers
Assessment
Exam 60%
and 2 other tasks

This is the 2021 handbook entry. See the 2027 entry.

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Requisites

Before LAW5013

No prerequisites or corequisites besides the enrolment rules below.

Enrolment rules

Prerequisite: LAW5000 or LAW5080 or LAW5081; LAW5002 AND LAW5005; LAW5003, LAW5016 or LAW5011; and (for students beginning in 2015 or later) LAW5004

Overview

This unit gives students a thorough understanding of civil dispute resolution practice and litigation as exemplified in the rules of court and associated legislation and case law. Drawing upon the Rules of the Supreme Court of Victoria and the law relating to case management, students study the major procedural steps that are taken in the event that civil disputes become the subject of litigation, including jurisdiction, instituting proceedings, service and appearance, parties, pleadings, methods of gathering evidence, interlocutory proceedings, facilitating settlement, disposition without trial, costs and enforcement.

Offerings in 2021

Teaching periodCampusMode
Trimester 1Monash Law ChambersOn campus
Trimester 2Monash Law ChambersOn campus
Trimester 3Monash Law ChambersOn campus

Assessment

  • QuizzesOther
    10%
  • Research, policy and/or evaluation taskResearch assignment
    30%
  • ExaminationExam
    60%

Learning outcomes

When you finish this unit, you should be able to:

  1. 1

    Identify, articulate and apply legal principles, concepts, policies relating to the procedural sequence, steps and documentation of civil dispute resolution and litigation;

  2. 2

    Demonstrate sophisticated cognitive and creative skills in generating appropriate jurisprudential and practical responses to complex legal problems;

  3. 3

    Demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal conclusions and professional decisions, as well as to identify, research, evaluate and synthesise relevant factual, legal and policy issues;

  4. 4

    Exercise professional judgement in recognising and responding to ethical issues and professional responsibilities that arise in the practice of litigation and dispute resolution and show an advanced and integrated understanding of approaches to professional decision making;

  5. 5

    Critically evaluate different modes of dispute resolution processes and assess the conditions under which they are likely to be appropriate and effective;

  6. 6

    Demonstrate the ability to think creatively and communicate effectively in professional documentary formats that are appropriate for dispute resolution practice;

  7. 7

    Collaborate effectively

  8. 8

    Learn and work with a high degree of autonomy, accountability and professionalism.

Workload and teaching

  • Seminars36 hours
  • Workshops36 hours
  • Teaching approachActive learning

Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Learning resources

Required resources

See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.

Contacts

Chief Examiners
Dr Tania Penovic
Ms Bree Williams
Chris Fenwick

Common questions

What are the prerequisites for LAW5013?

LAW5013 has no prerequisites, but enrolment rules apply.

What can I take after LAW5013?

LAW5013 is a prerequisite or corequisite for 2 units, including LAW5408 and LAW5460.

When is LAW5013 offered?

LAW5013 has no offerings listed in the 2021 handbook.

Does LAW5013 have an exam?

Yes. The exam is worth 60% of the final mark, alongside 2 other tasks.

More details

Credit points
6
Level
5
Study level
Postgraduate
Faculty
Faculty of Law
Type
Coursework
EFTSL
0.125
Student contribution
SCA Band 4
Study abroad
Not available