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Advanced Civil Litigation (LAWS70202)

Graduate coursework level 7Points: 12.5On Campus (Parkville)

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Overview

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November
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Civil litigation is experiencing unprecedented levels of reform. Legislative changes, court decisions, changes to court rules and economic pressures are changing the way litigation is practised across the common law world. The proper roles of parties, lawyers, judges and courts are under scrutiny and discussion. The focus of this subject is current and significant issues in civil litigation, with an emphasis on new and emerging developments.

Gary Cazalet is a former member of the Victorian Bar and the Director of Studies, Dispute Resolution in the Melbourne Law Masters. The subject will include guest lecturers drawn from the judiciary and the profession.

Principal topics include:

  • Recent significant procedural reforms in Australia and overseas
  • Online dispute resolution and its impact on civil procedure
  • The role of technology in procedural reforms
  • Law reform proposals
  • Cost of justice, including cost rules and litigation funding
  • Judicial intervention, including case management
  • Duties to the court
  • Discovery
  • Alternative dispute resolution.

Intended learning outcomes

A student who has successfully completed this subject will:



  • Have an advanced and integrated understanding of the elements of and current issues in civil litigation
  • Be able to critically examine, analyse, interpret and assess these elements and issues
  • Be an engaged participant in debate regarding contemporary and emerging issues such as duties to the court, pressure for reform of discovery processes and judicial case management
  • Have a sophisticated appreciation of the factors driving recent reforms in civil procedure
  • Have an advanced understanding of the practical effects of reforms and current practices on civil litigation
  • Have a detailed understanding of critical elements in civil litigation processes
  • Have the cognitive and technical skills to generate critical and creative ideas relating to possible future reforms and methods to deal with current problems in civil litigation procedure
  • Have the cognitive and technical skills to independently examine, research and analyse aspects of civil procedure
  • Have the communication skills to clearly articulate and convey complex information regarding civil procedure both to specialist and non-specialist audiences
  • Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field.

Last updated: 3 November 2022