Students

LAWS3200 – Civil and Criminal Procedure

2025 – Session 1, Online-scheduled-weekday

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Convenor
Andrew Burke
Contact via iLearn
see iLearn
Convenor
Sonya Willis
Contact via iLearn
see iLearn
Credit points Credit points
10
Prerequisites Prerequisites
130cp including LAW203 or LAWS2400
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description

This unit examines the principles of civil and criminal procedure in New South Wales. The unit canvasses general principles of civil procedure, such as pre-trial procedures, the nature of adversarial disputation, ethics of practice and a critical evaluation of the administration of justice, as well as select topics in criminal procedure, such as classification of offences, bail and sentencing.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • ULO1: Explain and apply the principles and stages of civil and criminal procedure.
  • ULO2: Display elementary legal advocacy skills.
  • ULO3: Apply statutory interpretation to problems of civil and criminal procedural law.
  • ULO4: Analyse civil and criminal procedural law in its historical, social and legal context.
  • ULO5: Communicate, interact and collaborate professionally and effectively in verbal and non-verbal contexts across diverse settings.
  • ULO6: Work independently, meet deadlines, take initiative and be adaptable to diverse and changing environments.

General Assessment Information

All written assessments submitted electronically must be submitted through the link provided in iLearn. This unit will utilise Turnitin plagiarism detection software. Students should carefully check that they submit the correct file for an assessment, as re-submissions will not be accepted after the due date and time, including instances where students upload an incorrect file in error.

The design, moderation and feedback of all assessments is in accordance with the Macquarie University Assessment Procedure (link provided under ‘Policies and Procedures’ below).

Late Submission Policy

A maximum penalty of five (5) percentage points of the total possible marks will be applied per day to late submissions, for up to a maximum of seven calendar days. Tasks that have not been submitted within the maximum number of additional late days will receive a mark of zero. The late submission policy does not apply to online exams or other assessment with a time limit of less than 24 hours (which must be undertaken and submitted on time).

Penalties for late submission will be applied consistently and equitably to all students enrolled in the unit. Where short-term, serious and unavoidable circumstances have affected their ability to submit an assessment task, a student must submit a formal application for Special Consideration as per the Special Consideration Policy. Students should not request an informal arrangement from their tutor, lecturer or Unit Convenor.

Where an application for Special Consideration is approved, and the outcome is an extension to the due date of a task, submissions that are received after the new due date will be subject to late penalties that are calculated from the new due date. This only applies where the outcome is an extension to the due date – see the Special Consideration Policy for a schedule of all possible outcomes.

Special Consideration

Students should submit applications for Special Consideration electronically via the Service Connect portal, along with the supporting documentation. Before submitting their applications, students should refer to the Special Consideration Policy (link provided under ‘Policies and Procedures’ below).

Assessment Tasks

Name Weighting Hurdle Due
Professional Skills 20% No Ongoing
Practice-Based Task 40% No 17 April 2025 11:55pm
Exam 40% No University Exam Period

Professional Skills

Assessment Type 1: Practice-based task
Indicative Time on Task 2: 0 hours
Due: Ongoing
Weighting: 20%

 

Students will engage in classroom activities including mooting, presentations or demonstrations, structured discussion and problem solving, doctrinal analysis, simulated client consultations, and collaborative legal research. Through these activities students will develop skills in oral advocacy, legal analysis, critical reasoning, teamwork and team leadership, and/or strategic problem-solving. These activities are designed to strengthen students' ability to communicate legal concepts verbally and engage professionally within a supportive learning environment.

 
On successful completion you will be able to:
  • Explain and apply the principles and stages of civil and criminal procedure.
  • Display elementary legal advocacy skills.
  • Apply statutory interpretation to problems of civil and criminal procedural law.
  • Analyse civil and criminal procedural law in its historical, social and legal context.
  • Communicate, interact and collaborate professionally and effectively in verbal and non-verbal contexts across diverse settings.
  • Work independently, meet deadlines, take initiative and be adaptable to diverse and changing environments.

Practice-Based Task

Assessment Type 1: Practice-based task
Indicative Time on Task 2: 15 hours
Due: 17 April 2025 11:55pm
Weighting: 40%

 

An assessment on professional skills and knowledge relevant to the unit. This could be a legal or policy brief, a report, an essay, a law reform proposal, legal pleadings or other related professional task. This assessment may require students to prepare a response through research and adhere to discipline-specific scholarly conventions.

 
On successful completion you will be able to:
  • Explain and apply the principles and stages of civil and criminal procedure.
  • Display elementary legal advocacy skills.
  • Apply statutory interpretation to problems of civil and criminal procedural law.
  • Analyse civil and criminal procedural law in its historical, social and legal context.
  • Communicate, interact and collaborate professionally and effectively in verbal and non-verbal contexts across diverse settings.
  • Work independently, meet deadlines, take initiative and be adaptable to diverse and changing environments.

Exam

Assessment Type 1: Examination
Indicative Time on Task 2: 15 hours
Due: University Exam Period
Weighting: 40%

 

An invigilated exam held in the formal examination period. The exam may cover any or all topics and materials covered in the unit.

 
On successful completion you will be able to:
  • Explain and apply the principles and stages of civil and criminal procedure.
  • Display elementary legal advocacy skills.
  • Apply statutory interpretation to problems of civil and criminal procedural law.
  • Analyse civil and criminal procedural law in its historical, social and legal context.
  • Communicate, interact and collaborate professionally and effectively in verbal and non-verbal contexts across diverse settings.
  • Work independently, meet deadlines, take initiative and be adaptable to diverse and changing environments.

1 If you need help with your assignment, please contact:

  • the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
  • the Writing Centre for academic skills support.

2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation

Delivery and Resources

 

Delivery

Lectures:There will be 12 weeks of lectures each of 2 hours duration commencing on Week 1 and finishing on Week 12. Lectures will be delivered live 3:00pm-5:00pm on Thursdays in 27WW Lotus Lecture Theatre. Lectures will also be recorded for those unable to attend in person. 

Tutorials: There will be 13 weeks of tutorials each of 1 hour duration commencing on Week 1 and finishing on Week 13.

This unit is worth 10 credit points, which equates to 150 hours of work. Therefore, students should expect to commit an average of 10 hours per week to this unit, including all scheduled and unscheduled activities and preparing and executing the assessment tasks.

Resources

The required textbooks are:

Civil Procedure: Sonya Willis Civil Dispute Resolution: Balancing Themes and Theory, (Cambridge University Press, 2022)

Criminal Procedure: Roderick Howie, Paul Sattler and Marissa Hood, Hayes & Eburn Criminal Law and Procedure in New South Wales (LexisNexis Butterworths, 7th ed, 2023)

Students can purchase these textbooks online.

Additional readings will be accessible through iLearn.

Students require access to a computer, internet with decent speed and a secure/reliable server. The iLearn page contains all Unit requirements and a weekly schedule for teaching, readings and tutorials. Information about all assessment tasks is also available on iLearn.

Unit Schedule

Lecture Schedule

Week 1 Introduction to Civil and Criminal Procedure (civil and criminal)

Week 2 Balancing Themes; Access to Justice, Open Justice, Pre-commencement issues (civil)

Week 3 Commencing Proceedings and Pleadings (civil)

Week 4 Gathering Evidence: Discovery, Subpoenas, Notices and Interrogatories (civil)

Week 5 Evidentiary Issues: Privilege, Lay and Expert Witnesses, Tribunal Alternatives (civil)

Week 6 Appearing in Court: Interlocutory Hearings, Notices of Motion and Trials (civil)

Week 7 Post Trial: Costs, Finality, Appeals, Enforcement (civil)

Week 8 Fairness, Rights & Liberties (criminal)

Week 9 Police Powers I - Arrest and Use of Force (criminal)

Week 10 Police Powers II – Search (criminal)

Week 11 Bail (criminal)

Week 12 Sentencing (criminal)

Tutorial Schedule

Week 1 Introduction to Civil and Criminal Procedure (civil and criminal no preparation required)

Week 2 Introduction to Civil and Criminal Procedure (civil and criminal based on Week 1 lecture)

Week 3 Balancing Themes; Access to Justice, Open Justice, Pre-commencement issues (civil based on Week 2 lecture)

Week 4 Commencing Proceedings and Pleadings (civil based on Week 3 lecture)

Week 5 Gathering Evidence: Discovery, Subpoenas, Notices and Interrogatories (civil based on Week 4 lecture)

Week 6 Evidentiary Issues: Privilege, Lay and Expert Witnesses, Tribunal Alternatives (civil based on Week 5 lecture)

Week 7 Appearing in Court: Interlocutory Hearings, Notices of Motion and Trials (civil based on Week 6 lecture)

Week 8 Post Trial: Costs, Finality, Appeals, Enforcement (civil based on Week 7 lecture)

Week 9 Fairness, Rights & Liberties (criminal based on Week 8 lecture)

Week 10 Police Powers I - Arrest and Use of Force (criminal based on Week 9 lecture)

Week 11 Police Powers II – Search (criminal based on Week 10 lecture)

Week 12 Bail (criminal based on Week 11 lecture)

Week 13 Sentencing (criminal based on Week 12 lecture)

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:

Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.

To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct

Results

Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit connect.mq.edu.au or if you are a Global MBA student contact globalmba.support@mq.edu.au

Academic Integrity

At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

The Writing Centre

The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.

The Library provides online and face to face support to help you find and use relevant information resources. 

Student Services and Support

Macquarie University offers a range of Student Support Services including:

Student Enquiries

Got a question? Ask us via the Service Connect Portal, or contact Service Connect.

IT Help

For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/. 

When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.

Changes from Previous Offering

This unit now includes an invigilated exam that will be run centrally by the university and held in the University Exam Period.

Unit information based on version 2025.03 of the Handbook