Overview
Civil Procedure II provides advanced study of civil litigation from post-commencement procedure through trial, judgment, enforcement, and appeal. The course examines joinder, representative and class proceedings, intervention, third-party procedure, amendments, pleadings, particulars, preliminary objections, default judgment, summary judgment, expedited procedures, and judicial case-management powers.
Students develop practical competence in disclosure, inspection, privilege, document preservation, electronic discovery, interrogatories, admissions, expert evidence, pre-trial conferences, mediation, settlement offers, and sanctions for non-compliance. Trial and post-judgment topics include interlocutory applications, injunctions, security for costs, evidence management, judgments, execution, garnishment, charging orders, contempt, foreign judgment enforcement, limitation periods, res judicata, issue estoppel, abuse of process, costs, and appellate procedure.
Instruction integrates procedural rules, court forms, pleadings, affidavits, notices, motion records, and simulated applications. Students apply procedural strategy to complex disputes, draft core litigation documents, manage evidence and disclosure, advise on settlement and enforcement, identify procedural risks, and present effective submissions before a court.
Learning Outcomes
- Evaluate complex procedural issues and select strategies suited to the objectives, risks, and proportionality requirements of civil litigation.
- Draft pleadings, particulars, affidavits, notices, motion records, and other core litigation documents in accordance with applicable procedural rules.
- Analyse joinder, representative proceedings, intervention, third-party procedure, amendments, preliminary objections, and dispositive applications.
- Manage disclosure, inspection, privilege, preservation, electronic discovery, interrogatories, admissions, and expert evidence.
- Construct effective applications concerning injunctions, security for costs, case management, sanctions, and other interlocutory relief.
- Evaluate settlement options, mediation processes, offers to settle, costs consequences, and risks associated with non-compliance.
- Present persuasive oral and written submissions in simulated interlocutory and trial-related proceedings.
- Advise on judgments, enforcement mechanisms, foreign judgment recognition, limitation periods, res judicata, issue estoppel, abuse of process, and appellate procedure.
Timetable
| Type | Length | Frequency | Period |
|---|---|---|---|
| Lecture | 2 hours | Weekly | All semester |
| Tutorial | 2 hours | Weekly | All semester |
| Workshop | 2 hours | Fortnightly | All semester |
| Practicum | 2 hours | Fortnightly | Second term |
Assessment Schedule
| Type | Description | Weighting |
|---|---|---|
| Assignment | Procedural strategy memorandum | 15.00% |
| Deliverable | Draft pleadings and motion record | 20.00% |
| Assignment | Discovery and case-management exercise | 15.00% |
| Test | Moot interlocutory application | 20.00% |
| Exam | Final examination | 30.00% |
Prerequisites
Teaching Staff & Programs
This course is delivered jointly by faculty from the participating programs listed below. In line with the Douchewater Way, the University of Sexology tailors core instruction directly to each cohort's specific discipline — adapting curriculum to program needs rather than forcing students into a one-size-fits-all model. Learn more about our approach at The Douchewater Way.
