Civil Litigation study plan

Draft a compliant statement of claim from a fact pattern, correctly pleading material facts, cause of action, and relief sought without pleading evidence

Distinguish the pleading standards and purposes of a statement of claim, defence, reply, and counterclaim, and identify when each is required

Apply the rules on amendment of pleadings, including the test for leave and the limits on amendments that introduce a new cause of action after limitation expiry

Identify the consequences of failing to plead a material fact, including the risk of strike-out for disclosing no reasonable cause of action

Produce a one-page checklist mapping each element of a negligence and a contract claim to the facts that must be pleaded

Draft a defence that responds to each allegation by admission, denial, or non-admission, and pleads affirmative defences with supporting facts

Calculate limitation periods for contract, tort, and land claims from given accrual dates and flag claims at risk

Apply the rules for valid service of originating process, including personal service, substituted service, and service on companies and out-of-state defendants

Explain how a court determines whether it has personal and subject-matter jurisdiction over a defendant served outside the jurisdiction

Analyse a service defect scenario and determine whether the defect is curable or grounds for setting aside default judgment

Draft a case management timetable and identify which directions a court is likely to make at a first case management conference

Explain the objectives of pre-trial case management and how proportionality and overriding objectives shape procedural orders

Apply the rules on default judgment, including when it is available, how to set it aside, and the relevant tests

Describe the mechanics of a pre-trial review and the sanctions for non-compliance with case management directions

Compare the consequences of an unless order versus an ordinary procedural order

Apply the standard disclosure test to a document set, classifying each document as disclosable, exempt, or privileged

Distinguish legal professional privilege, litigation privilege, and without-prejudice privilege, and identify when each applies

Draft a list of documents and a disclosure statement in the prescribed structure

Explain the scope of a party's search obligation and the reasonableness factors a court considers

Analyse the consequences of failure to disclose, including adverse inference and unless orders

Draft interrogatories or requests to produce that are relevant, proportionate, and not oppressive

Apply the rules on privilege claims during inspection and determine how to challenge an improper privilege claim

Draft a notice of motion or interim application with supporting affidavit, identifying the order sought and grounds

Apply the test for interlocutory injunctions, including serious question to be tried, balance of convenience, and undertakings as to damages

Explain the procedure for summary judgment and the standard a defendant must meet to resist it

Apply the rules of evidence on relevance, admissibility, hearsay, and exceptions in a civil trial context

Explain the burden and standard of proof in civil proceedings and how they shift during a case

Draft an opening statement and a direct examination outline for a witness in a civil trial

Apply the rules on expert evidence, including the expert's duty to the court and the requirements for an admissible expert report

Identify the grounds for objecting to evidence and the correct procedure for making and responding to an objection

Draft a judgment or order in the correct form, distinguishing between a judgment, an order, and a decree

Apply the rules on enforcement of money judgments, including writs of execution, garnishee orders, and charging orders

Explain the rules on interest on judgments and the procedure for enforcing a judgment against a third party

Analyse the circumstances in which a judgment can be set aside or varied after it is entered

Identify the time limits and procedures for enforcing a judgment and the consequences of delay

Explain the grounds and procedure for appealing a judgment, including time limits, leave requirements, and the standard of appellate review

Draft a notice of appeal identifying the grounds and the orders sought

Apply the costs rules, including the general rule that costs follow the event, and the bases for departing from it

Distinguish between party-and-party costs, solicitor-client costs, and indemnity costs, and identify when each is awarded

Identify the core professional ethics obligations of a civil litigator, including conflicts of interest, confidentiality, and duties to the court