Introduction to Civil Litigation

Transcription

Introduction to Civil Litigation
Introduction to
Civil Litigation
4 June 2015 | 8.30am–4.45pm
Law Society House, Brisbane
Overview
Aimed at legal support staff with less than three years’ experience, this introductory
course will provide you with practical guidance in running a civil litigation file.
Topics to be covered include:

civil proceedings, the civil litigation process and the regulatory framework

important issues to consider in the conduct of a civil litigation matter

commencing proceedings

relevant steps in both undefended and defended litigation

pre-trial issues

interlocutory proceedings

day of trial considerations.
This course is based on the nationally accredited diploma level unit BSBLEG514 Assist
with civil procedure, which is offered by the Queensland Law Society as self-paced
study.
6.5 CPD Points
8am
8.30am
Registration
Welcome remarks and introduction to the course
Course facilitator:
Giorgia Papi-Morini, Legal Professional Development Specialist and Solicitor, Queensland Law Society
8.45am
Civil proceedings and the regulatory framework

What is a civil proceeding?

What is the applicable legislative framework?

What are the relevant rules and regulations
The civil litigation process

What are the steps in the civil litigation process?
Case management

What is case management?

What are some typical directions the court may make?

What is alternative dispute resolution and how does it fit into the civil litigation process?
Presenter: Karl Manning, Principal, Manning Consultants
9.30am
Important issues in the conduct of a civil litigation file
What are some of the important issues you need to be aware of in the conduct of a civil litigation file?
In this practical session you will address:

ethical obligations, including a solicitor’s paramount duty to the court and to the administration of
justice, as well confidentiality and conflict of interest

obtaining instructions

advice to the client

disclosure

what are the costs associated with a civil litigation matter?

limitation periods

best practice in maintaining a litigation file.
This session will include a practical activity to be carried out during the session.
Presenter: Karl Manning, Principal, Manning Consultants
10.30am
Morning tea
Queensland Law Society – Introduction to Civil Litigation
2
10.45am
Commencing proceedings
What are the steps involved in commencing proceedings?
You will explore the following:

obtaining instructions from the client

sending a letter of demand

preparing a claim and statement of claim

filing a claim and statement of claim

serving a claim and statement of claim

preparing an affidavit of service

waiting 28 days after service.
This interactive session will be based on a case study to give you an opportunity to apply concepts
discussed, including drafting of relevant documents under supervision.
Presenter: Alexandra Ottens, Lawyer, Holding Redlich
12.15pm
1.15pm
Lunch
Undefended civil litigation: default judgement
What are the next steps if the matter is undefended? You will be provided with practical assistance in
drafting the following documents under supervision:

an affidavit of debt

a default judgment.
Defended civil litigation: filing a defence and any other
pleadings
What if the matter is defended? What happens then?

drafting a notice of intention to defend and defence

requests for further particulars

drafting replies.
Ending proceedings
Aside from entering a default judgment against the defendant, how else can civil proceedings be
terminated?

summary judgment against either the plaintiff or the defendant

settlement

notice of intention to discontinue proceedings.
Presenter: Andrew Smyth, Partner, Robbin Watson Solicitors
2.45pm
Afternoon tea
Queensland Law Society – Introduction to Civil Litigation
3
3pm
The matter has been listed for trial: what next?
Pre-trial considerations
What are some of the steps involved in preparing for trial? Topics will include:

disclosure and drafting a list of documents

preparing a brief to counsel

notices to produce

subpoenaing witnesses

preparing written submissions.
Interlocutory proceedings

What is an interlocutory proceeding?

How is an interlocutory proceeding commenced?

What are some common examples of interlocutory applications?

What is the cost of an interlocutory proceeding?
At the trial
The relevant to the day of trial:

What is the role of court personnel?

What court etiquette rules must be complied with at trial?

What are the steps in a civil litigation trial?
Presenter: Darrell Kake, Special Counsel, Quinn and Scattini Lawyers and Accredited Specialist
(Commercial Litigation) – Qld
4.30pm
Closing remarks
Course facilitator:
Giorgia Papi-Morini, Legal Professional Development Specialist and Solicitor, Queensland Law Society
4.45pm
Close
Queensland Law Society – Introduction to Civil Litigation
4
Event registration form/Tax invoice
Contact details
Payment
QLS number
Please note that full payment must accompany your order.
First name
Total payment (inc. GST) $
My cheque payable to Queensland Law Society Inc is enclosed
Last name
Please debit my credit card (Diners Club is not accepted)
Organisation
Visa
Postal address
Mastercard
Amex
Card number
City/town
Postcode
Cardholder name
Phone
Mobile
Expiry date
Email
/
Amount $
Cardholder signature
Special dietary or physical requirements
This document will be a tax invoice for GST purposes when you make payment.
Please retain a copy of this for GST records.
Order details
Event
Course code
150604T
Introduction to Civil Litigation
Price (inc. GST)
$
$
Member standard $395
$
Non-member standard $515
$
Total price (inc. GST)
Privacy: Queensland Law Society (the Society) respects your privacy and is committed to the
Information Privacy Principles contained in the Information Privacy Act 2009 (Qld) and the Australian
Privacy Principles contained in the Privacy Act 1988 (Cth). The Society collects personal information
about you to provide services to you, to improve the quality of those services, and to provide you
with information about other services we offer. For these purposes, we may disclose your personal
information to organisations to whom we outsource functions such as market research and to our
service entities. The Society also uses this information to conduct research for the development
of educational and professional programs.
At any event held by the Society, your image may be photographed or filmed at any time throughout
the event. We may use, publish or reproduce your image or recording of you in any form of published
communication material to promote the Society’s services and to report on its events through its
publications and resource material such as our Annual Report, Proctor, Twitter and Facebook
pages. Your consent to the use of your image in full or part for any Society related purpose is taken
to be given by attending this event. The Society takes reasonable steps to ensure your personal
information is not exposed to misuse, loss or unauthorised access.
The Society may also use third parties to administer and deliver services and communications
to attendees by email or mail. Some third party suppliers or their products and services are located
$
overseas. Business details and personal information you choose to provide on this application
may be transferred to an overseas recipient and stored overseas to administer such services and
communications to you. By completing this application, you agree to this transfer and Australian
Privacy Principle 8.1 will not apply to this disclosure.
In accordance with the Electronic Transactions (Queensland) Act 2001, the Society may provide
notices or correspondence to you by electronic communication. By completing this application,
your consent to this form of contact is taken to be given.
Should you not wish to have your image photographed or filmed, please contact the Society
at [email protected] to advise that you do not wish to be photographed or filmed.
If, at any time, you would prefer that the Society did not use or disclose your personal information,
including your image, please contact the Society at [email protected]. If your details change
or you wish to access the information the Society holds about you, please contact the Society
on 1300 367 757.
Event policy: visit qls.com.au/event_policy to view the policy or for more information please
contact the Society at [email protected].
Queensland Law Society, GPO Box 1785, Brisbane Qld 4001
f 07 3221 2279 (credit card payments only) | p 1300 367 757 | [email protected]
For more information visit qls.com.au | ABN 33 423 389 441