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
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Event
Course code
150604T
Introduction to Civil Litigation
Price (inc. GST)
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Member standard $395
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Non-member standard $515
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Total price (inc. GST)
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