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Unit of Study LAWS6004 - Litigation and Corporations (2023)

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Unit Snapshot

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Unit description

Focuses on exploring specific issues impacting on corporations involved in litigation including; obligations of a corporation as a litigating party, duties to mediate, authority to commence proceedings and represent the corporation, discoverability and confidentiality of in-house advice and reports, interlocutory and final party-party costs applications, specific issues in enforcement of judgments and employee’s and director’s liability. The unit will traverse the rules of civil procedure and will examine specific areas of law where specific provisions impact on corporate entities by examination of relevant legislation, rules and cases.

Unit content

Module 1: Corporations as plaintiffs — standing, authority, public corporations as model litigants, ethical and practical issues.

Module 2: Corporations as defendants — criminal, commercial, public interest and shareholder actions.

Module 3: Corporations, representation and evidence — in-house advice and representation, confidentiality, privilege duties in discovery.

Module 4: Corporations and legal costs — principles, exposure and security for costs.

Module 5: Corporations, settlements, judgments and insolvency.

Module 6: Corporations through their human agents — director's and employee's responsibility, liability and indemnity.

Availabilities

Location Domestic International
SCU Online
Term5
Term5

Learning outcomes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

On completion of this unit, students should be able to:

critically analyse and assess recent cases in specific issues in corporate litigation

apply advanced theory and procedural rules to the conduct of litigation by corporate entities

demonstrate advanced understanding and ability to synthesize high level advice on problems arising in and from litigation involving corporations

Prescribed learning resources

Prescribed Texts
  • No prescribed texts.
Prescribed Resources/Equipment

  • Access to a computer and reliable internet connection.

Prescribed Learning Resources may change in future Teaching Periods.