Information on this page, including unit offerings, is from the 2019 academic year.
Legal Costs Assessment (LEG211)
|Organisational Unit||Law and Criminology|
|Description||The unit will introduce students to the law of legal costs as practised in the Western Australian jurisdiction and the Commonwealth Courts. It will cover costs orders, billing practices, costs agreements and the costs assessment process. There will also be some comparative analysis with costs regimes in other jurisdictions.|
|Unit Learning Outcomes||On successful completion of this unit you should be able to:
(1) Justify an order for an out of the ordinary order for costs or security for costs.
(2) Draft submissions in support of a costs order.
(3) Evaluate a costs agreement for utility and for compliance with statutory disclosure regimes.
(4) Break down a matter file and prepare it for costs assessment, including provision of supporting argument in relation to items in dispute.
(5) Dispute or support a bill of costs in both party/party and solicitor/client disputes.
(6) Track through the various appeal mechanisms available in the costs dispute system.
(7) Demonstrate an understanding of the basic issues involved with a loser pay costs system.
|Timetabled Learning Activities||24 hours over the five days, 9am to 3pm, for the first four days (with a one-hour lunch break each day) i.e. 4 days x 5 hours = 20 hours, plus 4 hours on the last day.|
|Unit Learning Experiences||The formal contact time will be 24 hours over five days. This time period will include the supervised assessment. Students will have hands on contact with legal files and will be involved in mock costs applications and costs assessments. Set readings will be a combination of purpose written material, journal articles, case law and statutes.|
|Assessment||The assessment will be consist of a) preparing a file for costs assessment with written submissions challenging a costs agreement and b) written submissions in request of a special costs order.|
|Exclusions||Students who have completed LLB210 The Law of Costs may not enrol in this unit for credit.|
|Appears in these Minors||Law and Justice
|Internet Access Requirements||Murdoch units normally include an online component comprising materials, discussions, lecture recordings and assessment activities. All students, regardless of their location or mode of study, need to have access to and be able to use computing devices with browsing capability and a connection to the Internet via Broadband (Cable, ADSL or Mobile) or Wireless. The Internet connection should be readily available and allow large amounts of data to be streamed or downloaded (approximately 100MB per lecture recording). Students also need to be able to enter into online discussions and submit assignments online.|
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