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Civil Appeals (LAWS90250)
Graduate courseworkPoints: 12.5Not available in 2025
About this subject
Overview
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Parties in civil litigation often appeal an adverse judgment, and decisions at first instance are frequently overturned on appeal. An understanding of appeals is therefore critical for lawyers who act for parties in litigation. This subject is primarily a detailed examination of the law governing civil appeals.
Indicative list of principal topics:
- The history of appeals
- Establishing whether there is a right of appeal
- Types of appeal
- Alternatives to appeal
- Leave to appeal
- Grounds of appeal including errors of law and errors of fact, excessive or inadequate damages, bias and denial of procedural fairness
- Standard of appellate review
- Drafting a notice of appeal
- Amending the grounds of appeal
- Admitting new evidence
- Orders, costs and interest.
Intended learning outcomes
A student who successfully completes this subject should be able to:
- Analyse and explain the features of the different types of appeal
- Identify whether there are grounds for an appeal
- Discuss the standard that the appellant will need to satisfy in order for the appeal to succeed
- Draft or amend a notice of appeal.
Generic skills
- The ability to read a judgment and identify the critical elements of the court's reasoning
- The ability to identify whether a court's decision depended upon exercising a discretion.
Last updated: 8 November 2024