CLP2 Pre-trial Procedures

What is this subject about?

This subject outlines the purpose, law and practice relating to pre-trial processes in commercial litigation. It focuses on the skills of analysis, problem solving and strategy in effectively carrying out pre-trial processes, including seeking interlocutory orders and directions, to achieve a resolution of the dispute for the client in the most efficient and effective manner.

What will I learn while studying this subject?

At the end of this subject you will be able to:

• identify pre-trial processes available to parties in relation to the obtaining of evidence, preservation of evidence, the identification of parties and the preservation of assets
• apply the provisions of relevant court rules and practice notes
• apply the skills of analysis, problem solving and strategy in effectively carrying out pre-trial processes seeking any interlocutory orders and directions
• assess the legal and practical issues in making applications for search and freezing orders
• draft or respond to requests for discovery, interrogatories, subpoenas and notices to produce in accordance with the relevant law and court rules
• advise on issues in relation to privilege
• analyse the requirements for the engagement of expert witnesses, drafting of expert reports and the adducing of expert evidence
• apply the principles in relation to applications for security for costs and effectively prepare or respond to an application

Topics in this subject will include:

• Search orders and freezing orders
• Preliminary discovery and discovery against
  non-parties
• Engaging experts
• Admissibility of expert evidence
• Discovery and interrogatories
• Subpoenas and notices to produce
• Privilege
• Security for costs

How will I be assessed?

Assessment in this subject will be based on:

• satisfactory participation in the program
• drafting assignment (20%)
• written advice to client assignment (20%)
• one written open-book exam (60%)