RESEARCH ESSAY GUIDE
WORD COUNT
_Maximum 2,000 words (not including footnotes).
_The word limit will be strictly observed. Note that all words after the 2000th will not be read.
REFERENCING
_Quotations from texts, journals and cases should be kept to a minimum and must be properly referenced. Refer to the Australian Legal Guide to Citation (3rd edn).
_Do not refer to student texts, nutshell books, solicitor firm websites, blogs or research essays.
_Footnoting must follow the conventions set out in the Australian Legal Guide to Citation (3rd edn).
RESEARCH ESSAY QUESTIONS
ANSWER ONE (1) QUESTION ONLY FROM THE CHOICE OF FOUR BELOW:
Question 1
In a speech delivered by the Hon. Marilyn Warren AC to the Bar Association of Queensland Annual Conference, her honour observes:
The inherent objective of the lawyer’s overriding duty to the court is to facilitate the administration of justice to the standards set by the legal profession.1
1 Chief Justice Marilyn Warren, ‘Speech – The Duty Owed To The Court: The Overarching Purpose Of Dispute
If the overriding duty of lawyers is set by the legal profession, why do we need section 56 of the Civil Procedure Act 2005 (NSW)? What does her honour’s speech say about the conflicting duties lawyers owe to their clients and to the court? Discuss with reference to at least two additional recent authorities (i.e. two cases; or a case and a journal article, published since 2005).
Or
Question 2
Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46 (6 November 2013) is a decision with respect to matters of discovery and claims of privilege in relation to documents inadvertently disclosed by the appellants’ lawyers to the respondents’ solicitors. Should the High Court of Australia be hearing appeals from the states’ supreme courts of appeal on issues of civil procedure? What did the Court have to say about the solicitors’ responsibilities in this matter? Discuss with reference to at least two additional recent authorities (i.e. two cases; or a case and a journal article, published since 2005).
Or
Question 3
SLAPP2 suits compromise and offend the integrity and ethos of Civil Practice, are orchestrated to undermine due process, and are unfounded or have no reasonable prospects of success at trial. Discuss with reference to relevant academic discourse, the common law, rules and legislation.
(2 SLAPP stands for Strategic Lawsuits Against Public Participation)
Or
Question 4
The enforcement of case management sanctions and the interpretation of the overriding purpose provisions have led to an approach where a court will take into account interests beyond those of the immediate parties to a proceeding when exercising its powers. … [It may be argued that this has resulted in] the development of so-called managerial judging which shift[s] focus away from the judge as referee under a party-controlled system, to the judge as a manager of litigation.3
Do you agree with this statement? Discuss with reference to the common law, the Civil Procedure Act 2005 (NSW) and the Uniform Civil Procedure Rules 2005 (NSW).
3 M Scott and P Alexander (eds), extracted from Part 1, Chapter 2 in Selected Materials on Civil Practice (LexisNexis Butterworths, 2014) at 39.
ESSAY ASSESSMENT CRITERIA & FEEDBACK
Demonstrated qualities /standards Unsatisfactory Satisfactory Good Very Good Excellent
INTRODUCTION
CONTENT
Development of sustained thesis.
Knowledge, application and understanding of CPA, UCPR and common law
Identification of relevant issues.
Critical analysis, evaluation and insight.
Development of coherent and persuasive argument.
CONCLUSION
REFERENCING
Written expression, footnotes and bibliography in accordance with AGLC (3rd edition).
Mark: / 30
CIVIL PRACTICE
SUBJECT GUIDE
Contents
A. REQUIRED AND RECOMMENDED READING
B. LECTURE PROGRAM
C. TUTORIAL PROGRAM
D. READING LIST
A. REQUIRED AND RECOMMENDED READING
Introduction
Required Reading
Most of what you need for this subject will be provided in lectures, tutorials and via the university intranet. Content that will be made available via the university intranet for this subject will be:
_Lecture recordings
_Lecture slides
_Case Note Reader – an indexed selection of case extracts
_Links to cases and articles
_Tutorial materials
Each week, there are cases, articles or commentaries that are essential reading. In order to prepare for lectures and tutorials, please see the Lecture Program and Tutorial Program in this Subject Guide. Announcements will be made in advance of tutorials with instructions for how to prepare.
In addition to the materials provided via the university intranet, we will use extracts from the text below.
The relevant extracts will be identified in the Lecture Slides and spoken to in lectures.
M Scott and P Alexander (eds), Selected Materials on Civil Practice (LexisNexis Butterworths, 2014).
Recommended Reading
We recommend additional reading from texts that are relevant and which will consolidate your understanding of the subject. For example:
D Boniface, M Kumar and M Legg, Principles of Civil Procedure in New South Wales (2nd ed) (Law Book Company, 2012).
B. LECTURE PROGRAM
Week Thurs Lecture Week Case Note Reader
1 31/7/14 Introduction to Civil Practice and Procedure, Jurisdiction and Guiding Principles Week 1 (1 case)
2 7/8/14 Civil Practice in NSW: Pre-Litigation and Case Management Week 2 (8 cases)
3 14/8/14 Case Management and the Overriding Purpose Week 3 (no cases)
4 21/8/14 Case Management and Causes of Action Week 4 (7 cases)
5 28/8/14 Advocacy: Dispute Resolution and Problem Solving Week 5 (No cases)
6 4/9/14 Advisory and Determinative Processes Week 6 (No cases)
7 11/9/14 Initiating Proceedings: Commencing Litigation Week 7 (13 cases)
8 18/10/14 Interlocutory Applications (Part I): Guest Lecture Week 9 (3 cases)
9 25/9/14
2/10/14 Mid-semester Break
10 9/10/14 Interlocutory Applications (Part II) & Defending Proceedings Week 10 Parts A and B (4 cases)
11 16/10/14 Evidence in Proceedings Week 11 (7 cases)
12 23/10/14 Costs as a Means of Managing Litigation and Costs Orders Week 12 (5 cases)
13 30/10/14 Judgment Enforcement and Appeals Week 13 (No cases)
14 6/11/14 No lecture
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