LEGAL523-23A (TGA)

Advanced Civil Litigation

30 Points

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Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law

Staff

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: carolyne.taylor@waikato.ac.nz
: em.pooley@waikato.ac.nz

You can contact staff by:

  • Calling +64 7 838 4466 select option 1, then enter the extension.
  • Extensions starting with 4, 5, 9 or 3 can also be direct dialled:
    • For extensions starting with 4: dial +64 7 838 extension.
    • For extensions starting with 5: dial +64 7 858 extension.
    • For extensions starting with 9: dial +64 7 837 extension.
    • For extensions starting with 3: dial +64 7 2620 + the last 3 digits of the extension e.g. 3123 = +64 7 262 0123.
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What this paper is about

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The focus of this paper is current and significant issues in civil litigation, with an emphasis on the ways in which concerns about access to justice is changing the way in which litigation is practiced across the common law world.
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How this paper will be taught

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This is an A trimester paper.

The teaching component comprises 2 (two) hours of lectures per week.

Lecture timetable and room

Lecture hours: Wednesdays at 9am-11am

Please see the online timetable.

Office hours

Sam Campbell:

  • Wednesday 3pm-4pm (Zoom)
  • Thursday 3pm-4pm (in person, room N.5.22)

Rhys Aston:

  • Wednesday 12pm-1pm (in person, room N.5.18)
  • Thursday 2pm-3pm (Zoom)

FLEXI

In 2023, all papers offered by the Faculty (including this paper) will be available via FLEXI learning, i.e. when a lecture in this paper is presented in person in the classroom, it will also be simultaneously available for students to connect to via Panopto webcast or Zoom, and that lecture session will also be recorded and made available for students who are unable to connect to the lecture when it is presented.

Attendance

Te Piringa Faculty of Law places great emphasis on providing students with opportunities for high achievement in law papers. As a 500 level paper there is an expectation that students will be more self-directed in their learning than in 400 or 300 level papers. Students will be expected to attend all lectures; to demonstrate an ability to analyse, synthesise and critique applicable law and associated information; and apply facts and law to practical and professional situations.

Students enrolled in 400 or 500 level Law papers via the Tauranga Campus may attend Lectures either in person by taking advantage of the Kaimai Express, the free inter campus (Tauranga-Hamilton) university shuttle service, or online via Panopto in the same way that Lectures at other levels can be viewed.

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Required Readings

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All law students are required to purchase, for use in all law papers, a copy of McLay, Murray & Orpin, New Zealand Law Style Guide (3rd ed, Thomson Reuters, 2018). This is available from Bennetts, at an approximate price of $37.

NB The New Zealand Law Style Guide has launched a blog which you can visit here: http://nzlawstyleguide.wordpress.com/. The blog is run by the Style Guide’s editorial team. It aims to provide posts that are helpful for Style Guide users. It will include news and updates as well as clarifications, corrections and examples. You can also follow the Style Guide on Twitter: @nzlawstyleguide.

There is no required textbook for this paper.

The most important legislation/rules for students to read include:

  • Senior Courts Act 2016,
  • High Court Rules 2016,
  • District Court Act 2016, and
  • District Court Rules 2014.

Students should also refer to:

  • Judicial Review Procedure Act 2016,
  • Electronic Courts and Tribunals Act 2016, and
  • Interest on Money Claims Act 2016.

This legislation can be obtained electronically at no cost from the New Zealand Legislation website: http://www.legislation.govt.nz/.

There is no copyright on New Zealand legislation. We do not recommend that you purchase a hard copy of the acts or the rules - refer to the online resources, which provide the most up to date versions of the legislation.

Further required readings may be provided on the Waikato Reading List for the paper (https://rl.talis.com/3/waikato/lists/1370695B-5036-F1CD-205B-10F80996C624.html?lang=en) and in the Course Materials book, which will be available for purchase from the University Bookshop. Any such material, and all lecture material, is provided on the following terms:

University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary licenses to display the material on the site. As a student of the Te Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be otherwise reproduced, reformatted, republished or re-disseminated in any manner or form without the prior written consent of University of Waikato. To obtain such consent, please contact the Te Piringa Faculty of Law.

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You will need to have

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Recommended Readings

Although there is no required text book for this paper, the following sources are recommended:

McGechan on Procedure (loose-leaf) Bookers Ltd – available in electronic form. Recommendation is to search for the title in the library catalogue and choose the electronic version.

Procedure Reports of New Zealand – available in electronic form. Recommendation is to search for the title in the library catalogue and choose the electronic version.

A Beck, Principles of Civil Procedure (3rd ed, Thomson Reuters, 2012). This book is available from the University Bookshop at the approximate cost of $120. The book is also available in electronic format from the library; however, there are limits on the number of students who can access it at once.

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Learning Outcomes

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Students who successfully complete the course should be able to:

  • understand the meaning of access to justice
    Linked to the following assessments:
  • understand the rationale for and scope of judicial case management
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  • understand and critique the concept of proportionality
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  • understand and critque the policy reasons for the introduction of alternative dispute resolution into the civil justice system
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  • understand and crtique the concept of online courts
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  • confidently present oral submissions
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  • research and write a a substantial research paper
    Linked to the following assessments:
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Assessments

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How you will be assessed

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This paper is internally assessed. Assessment comprises a research proposal and a research essay.
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The internal assessment/exam ratio (as stated in the University Calendar) is 100:0. There is no final exam. The final exam makes up 0% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 100:0 or 0:0, whichever is more favourable for the student. The final exam makes up either 0% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Research Proposal
16 Mar 2023
12:00 PM
10
  • Online: Submit through Moodle
2. Research Essay
2 Jun 2023
12:00 PM
90
  • Online: Submit through Moodle
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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