LLB 845 Conducting Litigation (16cp)

The subject is currently organised in five modules. The initial focus is on problem analysis, the selection of appropriate methods of dispute resolution, and the development of a strategic approach to the conduct of litigation in State and Commonwealth Courts and Tribunals. Thereafter, the focus is on the practical application of the skills of drafting, dispute resolution and advocacy while conducting a number of files in these jurisdictions.

Modules 1, 2, and 5 are core modules. Additionally, students elect to complete either modules 3 or 4.

Module 1: Litigation Strategy Workshop
A workshop program which provides students with a framework for a strategic approach to the preparation and presentation of litigation in civil matters, and to practise the skills of problem analysis, practical research, interviewing, drafting, and dispute resolution utilised in litigation practice.

Module 2: Civil Litigation Practice
Each student will conduct two civil litigation files, each in a different jurisdiction, to apply the learning received in Module 1, and so that each student has the opportunity to act for a plaintiff and for a defendant. These files will be interactive with another student, and the PLT Unit acting as a Court Registry and in other roles. Students must demonstrate a satisfactory level of client focus and file management, and a critical appreciation of the integration of case analysis, fact investigation and analysis, drafting pleadings, and the use of alternative dispute resolution methods as part of the litigation process.
Students will also initiate, prepare for, and appear on the hearing of an interlocutory application.

Module 3: Criminal Law Practice
A introductory overview session with criminal law specialists to examine the workings of the criminal justice system, and to develop a strategic approach to acting for clients in criminal proceedings. Students will also be expected to attend a Local or District Court to observe criminal proceedings, and to discuss their observations as part of the program. The program includes a defended court hearing.

Module 4: Family Law Practice And Advocacy.
An introductory overview session with family law specialists to examine the workings of family law practice. After a preliminary assignment designed to acquaint students with practice and procedure under the Family Law Act, students will conduct a family law matter up to the stage of a case conference.

Module 5: Advocacy Workshop
A workshop to provide students with the opportunity to practise advocacy steps and skills in the context of civil and criminal proceedings. It is not a trial advocacy course, but an opportunity to practice advocacy skills in courtroom or other representative situations which are commonly required of newly admitted practitioners. The focus will be on the reinforcement and further development of knowledge and understanding of Court procedures, courtroom etiquette, skills of presentation, questioning, and persuasion, the introduction of evidence, and appropriate ethical responses and behaviour. Advocacy exercises will be designed around a variety of court settings and procedures including appearance work in pre-trial proceedings in civil matters (eg. directions hearings, interlocutory matters, urgent injunctions, and Family Court Registrar lists) and summary criminal matters.

Subsequently, each student will make two court appearances as part of civil litigation, criminal law and family law assessment tasks. Performances will be videotaped for self and instructor review.