MLP391 - Civil Procedure and Dispute Resolution

Unit details

Year

2025 unit information

Enrolment modes:

Trimester 2: Burwood (Melbourne), Waterfront (Geelong), Online, Community Based Delivery (CBD)*
Trimester 3: Online

Credit point(s):1
EFTSL value:0.125
Previously coded as:MLL391
Unit Chair:Trimester 2: Claudio Bozzi
Trimester 3: Claudio Bozzi
Cohort rule:

For Bachelor of Laws (including combined Law awards) students only

Prerequisite:

Students must have passed MLP213 and MLP219 plus 5 additional MLL/MLP/MLT coded law units

Corequisite:Nil
Incompatible with: MLL391
Educator-facilitated (scheduled) learning activities - on-campus unit enrolment:

Online independent and asynchronous collaborative learning up to a maximum of 2 hours each week which includes lecture pre-recordings and 1 x 2 hour on-campus seminar (recordings provided) each week

Educator-facilitated (scheduled) learning activities - online unit enrolment:

Online independent and asynchronous collaborative learning up to a maximum of 2 hours each week which includes lecture pre-recordings and 1 x 2 hour online seminar (recordings provided) each week.

Typical study commitment:

Students will on average spend 150 hours over the teaching period undertaking the teaching, learning and assessment activities for this unit.

This will include educator guided online learning activities within the unit site.

Note:

*Community Based Delivery (CBD) is for National Indigenous Knowledges, Education, Research and Innovation NIKERI Institute students only.

Content

The unit investigates the legal process of civil dispute resolution in our society. This unit examines procedural law, which is the law of 'how' one enforces substantive legal rights and duties, or the method through which rights (no matter what they are) get realised in our courts. Although the unit focuses on the Supreme Court of Victoria (General Civil Procedure) Rules, it broadens jurisdictional knowledge by comparing procedural rules with those of the other State and Territory, and, where relevant, foreign jurisdictions, and is supplemented by cases and scholarly analysis, means of resolving disputes other than traditional litigation are considered. The syllabus roughly follows litigation process and includes the role of the court in an adversarial system; court structure and jurisdiction; initiation of proceedings; pleadings; joinder of claims and parties, including group and representative actions; discovery; dispositions without trial, including summary procedures and compromise; judgement; costs; and forms of alternative dispute resolution such as arbitration and mediation.

Learning Outcomes

ULO These are the Unit Learning Outcomes (ULOs) for this unit. At the completion of this unit, successful students can:

Alignment to Deakin Graduate Learning Outcomes (GLOs)

ULO1

Analyse problem-based scenarios and apply the rules of civil procedure relating to the initiation, conduct, settlement and enforcement of a proceeding.

GLO1: Discipline-specific knowledge and capabilities

GLO5: Problem solving

ULO2

Evaluate a problem-based scenario to identify and apply the rules of pleadings to draw court documents for a client.

GLO2: Communication

GLO5: Problem solving

ULO3

Constructively engage with teammates towards mutually beneficial outcomes and reflect on this in writing.

GLO7: Teamwork

Assessment

Assessment Description Student output Grading and weighting
(% total mark for unit)
Indicative due week

Assessment 1:

Portfolio

Part A: (Group of 3) Problem Based Written Assignment

Part B: (Individual) Written Reflection (Peer)

Part A: 2000 words

Part B: 1000 words

Part A: 30%

Part B: 10%

Week 8
Examination: Specified resources 2 hours 60% End-of-unit assessment period

The assessment due weeks provided may change. The Unit Chair will clarify the exact assessment requirements, including the due date, at the start of the teaching period.

Learning resource

The texts and reading list for MLP391 can be found via the University Library.

Note: Select the relevant trimester reading list. Please note that a future teaching period's reading list may not be available until a month prior to the start of that teaching period so you may wish to use the relevant trimester's prior year reading list as a guide only.

Unit Fee Information

Fees and charges vary depending on the type of fee place you hold, your course, your commencement year, the units you choose to study and their study discipline, and your study load.

Tuition fees increase at the beginning of each calendar year and all fees quoted are in Australian dollars ($AUD). Tuition fees do not include textbooks, computer equipment or software, other equipment or costs such as mandatory checks, travel and stationery.

Estimate your fees

For further information regarding tuition fees, other fees and charges, invoice due dates, withdrawal dates, payment methods visit our Current Students website.