Essential Drafting Techniques for Civil Litigators

The aim of this course is to provide students with skills sufficient to resolve civil disputes through a range of dispute resolution strategies including negotiation, mediation and conciliation and also, where necessary, to understand and apply the relevant Civil Rules to the litigation of a civil matter in the courts.

CONTENT

• Civil justice and the dispute resolution framework
• Institutional participants –  industry ombudsman, tribunals and the courts
• Principles and practice concerning the resolution of civil disputes through negotiation, mediation and conciliation
• Contemporary developments in dispute resolution including online dispute resolution and mass settlement schemes
• Triaging of disputes and the interaction between various dispute resolution processes Jurisdiction
• Litigation as a coercive process; Preservation Orders, Interlocutory Injunctions, and Limitation periods
• Case Management and the joinder/disjoined of parties
• Pleadings and Affidavits
• Disclosure and production of documents; Confidentiality and Privilege; accessing further information; subpoenas
• Trial, judgment, re-litigation and costs

TRAINING METHODOLOGY

The training methodology combines lectures, discussions, group exercises and illustrations. Participants will gain both theoretical and practical knowledge of the topics. The emphasis is on the practical application of the topics and as a result participant will go back to the workplace with both the ability and the confidence to apply the techniques learned to their duties.