Unit outline_

LAWS1014: Civil and Criminal Procedure

Semester 1, 2026 [Normal day] - Camperdown/Darlington, Sydney

This unit of study aims to introduce students to civil and criminal procedure. It is concerned with the procedures relating to civil dispute resolution and criminal justice which are separate to the substantive hearing. The unit will consider the features of an adversarial system of justice and its impact on process. Recent reforms to the adversarial system of litigation will be explored. The civil dispute resolution part of the unit will cover alternative dispute resolution, the procedures for commencing a civil action, case management, gathering evidence and the rules of privilege. Criminal process will be explored by reference to police powers, bail and sentencing. The course focuses on practical examples with consideration of the applicable legislation, ethics, and contextual and theoretical perspectives.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
LAWS1006 and LAWS1012
Corequisites
? 
None
Prohibitions
? 
LAWS5003
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Bashi Hazard, bashi.hazard@sydney.edu.au
The census date for this unit availability is 31 March 2026
Type Description Weight Due Length Use of AI
Written exam Final exam (40%)
1 hour (plus 15 minutes reading time) on-campus open book final exam
40% Formal exam period 1 hour AI prohibited
Outcomes assessed: LO1 LO2 LO3 LO4
Contribution Tutorial participation - Civil (10%)
Participation in civil procedure component
10% Multiple weeks n/a AI allowed
Outcomes assessed: LO1 LO2 LO3 LO4
Contribution Tutorial participation - Criminal (10%)
Participation in criminal procedure component
10% Multiple weeks n/a AI allowed
Outcomes assessed: LO1 LO2 LO3 LO4
Out-of-class quiz Early Feedback Task Early Feedback Task (0%)
Multiple Choice Quiz
0% Week 03
Due date: 13 Mar 2026 at 23:59
two weeks AI allowed
Outcomes assessed: LO1 LO4
Written test Mid-Semester Test (40%)
Mid-Semester Test
40% Week 07
Due date: 17 Apr 2026 at 10:15
1 hour AI prohibited
Outcomes assessed: LO1 LO2 LO3 LO4
early feedback task = early feedback task ?

Early feedback task

This unit includes an early feedback task, designed to give you feedback prior to the census date for this unit. Details are provided in the Canvas site and your result will be recorded in your Marks page. It is important that you actively engage with this task so that the University can support you to be successful in this unit.

Assessment summary

Early Feedback Task (0%): This unit includes an Early Feedback Task that is designed to provide students with timely insights into their understanding and engagement with the unit content and support students to stay on track for successful completion of the unit. The Early Feedback Task in this unit is an online quiz and will be tailored to check students' understanding of key content and concepts from Topics 1-2 of the unit.  The task will be available on Canvas from Week 2 and must be completed by 11.59pm Friday 13 March 2026 (Sydney, Australia time). Students will be provided with immediate automated feedback upon completion of the task.

 

Tutorial Participation (Civil 10% and Criminal 10%, total 20%) is designed to serve two pedagogical purposes. The first is to develop a crucial legal skill: the ability to construct and orally present an argument based on the law. The second pedagogical purpose is to give students the opportunity to showcase, and be assessed on, their oral presentation skills. Law demands an ability to communicate both in writing and orally – students must develop an ability to make logical, incisive vocal contributions in front of their peers.

Students are required to sign up to be "on call" for TWO tutorials, the first at the outset of Part 1 Civil (Weeks 1-5), and the second at the outset of Part 2 Criminal (Weeks 6-10). Students who are ‘on call’ are not only required to have prepared for the tutorial in the usual way, they are expected to lead and contribute to in class discussions and activities. Marks will be awarded (out of 10) based on a student’s on-call performance which will be assessed by reference to oratorial skills, analytical thinking, and the ability to connect law with fact to persuade a decision maker.

 

In-semester test (40%): The test will be conducted as a supervised on campus test and will be 1 hour long (plus 15 minutes of reading time) and held on Friday 17 April 2026, commencing at 10:15am (Sydney, Australia time). All substantive and critical material listed in the Required Readings and material identified by your lecturer for civil procedure in weeks 1-5 inclusive is examinable.  The exam will test problem-solving skills, critical and analytical capacity and substantive knowledge. The outcome of a successful Special Consideration application may include an alternative task such as a viva voce examination at the discretion of the Unit Coordinator.

Final Exam (40%): On campus supervised examination that will be 1 hour long (plus 15 minutes reading time) during the formal examination period. All substantive and critical material listed in the Required Readings and material identified by your lecturer for criminal procedure in weeks 6-10 inclusive is examinable. The exam will test problem-solving skills, critical and analytical capacity and substantive knowledge. The exam timetable will be released by the Exams Office in due course. For further information, please refer to Exam Timetables.  The outcome of a successful Special Consideration application may include an alternative task such as a viva voce examination at the discretion of the Unit Coordinator.

 

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.  

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.  Please note that as the EFT is an early diagnostic tool, this task is not included in the final grade for the unit.  

 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1). 

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

Criteria for Assessment of Class Participation

1.  Substantive dimensions of assessment are similar to those used in assessing written work (see the Assessment Grading Guidelines at the back of this course outline).

2.  Students will be assessed on the quality rather than the quantity of their contributions. Nevertheless, it is difficult to award marks to students who are absent or who do not participate in the seminar discussion and exercises.

3.  The following descriptions are of “typical” levels of performance in certain categories of marks. The categories are based on total marks of 10 for seminar performance:

   0 - 2      Participation virtually non-existent. Little, if any, preparation apparent. Obvious lack of commitment to the unit. 

2.5 - 5      Inconsistent preparation. Evidences a poor understanding of the application of, and underlying reason for the use of, the skills emphasised in the seminars.

5.5 - 7      Reasonable level of preparation. Participates in seminar discussions, but sometimes exhibits a lack of comprehension of the topic. Adequate participation in seminar exercises

7.5 – 8     Good preparation. Either a good deal of participation of variable quality or less participation but good quality. Demonstrates a reasonable comprehension of topics under consideration.

8.5 – 10   High quality participation based upon thorough preparation. Demonstrates an excellent comprehension of topics under consideration. Evidence of capacity to develop innovative approaches to such topics.

 

We are aware that some students find it difficult to make oral presentations and speak in class. We would like to encourage all students to use the supportive environment of the classroom to practice their oral communication skills. Law demands an ability to communicate both in writing and orally – you must develop an ability to make vocal contributions in front of your peers.

 

For more information see guide to grades.

Use of generative artificial intelligence (AI)

You can use generative AI tools for open assessments. Restrictions on AI use apply to secure, supervised assessments used to confirm if students have met specific learning outcomes.

Refer to the assessment table above to see if AI is allowed, for assessments in this unit and check Canvas for full instructions on assessment tasks and AI use.

If you use AI, you must always acknowledge it. Misusing AI may lead to a breach of the Academic Integrity Policy.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

Late penalties do not apply to exams and tests and any late submission will not be accepted.

Academic integrity

The University expects students to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

Our website provides information on academic integrity and the resources available to all students. This includes advice on how to avoid common breaches of academic integrity. Ensure that you have completed the Academic Honesty Education Module (AHEM) which is mandatory for all commencing coursework students

Penalties for serious breaches can significantly impact your studies and your career after graduation. It is important that you speak with your unit coordinator if you need help with completing assessments.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week 01 Topic 1: Process, open justice and fairness, adversarial system of justice, case management, alternative dispute resolution, costs and ethics Lecture (2 hr) LO1 LO2 LO3 LO4
Topic 1: Process, open justice and fairness, adversarial system of justice, case management, alternative dispute resolution, costs and ethics Tutorial (2 hr) LO1 LO2 LO3 LO4
Week 02 Topic 2: Matters preceding litigation and commencing proceedings Lecture (2 hr) LO1 LO2 LO3 LO4
Topic 2: Matters preceding litigation and commencing proceedings Tutorial (2 hr) LO1 LO2 LO3 LO4
Week 03 Topic 3: Pleadings and particulars, gathering evidence in civil cases Lecture (2 hr) LO1 LO2 LO3 LO4
Topic 3: Pleadings and particulars, gathering evidence in civil cases Tutorial (2 hr) LO1 LO2 LO3 LO4
Week 04 Topic 4: Opposing disclosure – objecting to production and/or access: privilege Lecture (2 hr) LO1 LO2 LO3 LO4
Topic 4: Opposing disclosure – objecting to production and/or access: privilege Tutorial (2 hr) LO1 LO2 LO3 LO4
Week 05 Topic 5: Class actions and trial issues Lecture (2 hr) LO1 LO2 LO3 LO4
Topic 5: Class actions and trial issues Tutorial (2 hr) LO1 LO2 LO3 LO4
Week 08 Topic 6: Introduction to criminal procedure Lecture (2 hr) LO1 LO2 LO3 LO4
Topic 6: Introduction to criminal procedure Tutorial (2 hr) LO1 LO2 LO3 LO4
Week 10 Topic 7: Police powers and discretion Lecture (2 hr) LO1 LO2 LO3 LO4
Topic 7: Police powers and discretion Tutorial (2 hr) LO1 LO2 LO3 LO4
Week 11 Topic 8: Bail Lecture (2 hr) LO1 LO2 LO3 LO4
Topic 8: Bail Tutorial (2 hr) LO1 LO2 LO3 LO4
Week 12 Topic 9: Pre-trial processes and appeals Lecture (2 hr) LO1 LO2 LO3 LO4
Topic 9: Pre-trial processes and appeals Tutorial (2 hr) LO1 LO2 LO3 LO4
Week 13 Topic 10: Sentencing and punishment Lecture (2 hr) LO1 LO2 LO3 LO4
Topic 10: Sentencing and punishment; Completion of the student feedback survey for this unit of study. Tutorial (2 hr) LO1 LO2 LO3 LO4

Attendance and class requirements

Attendance: All students are required to attend 80% of ALL classes (seminars and tutorials) to satisfy the pass requirements for this unit. Failure to meet this requirement will result in an Absent Fail grade being recorded as the student’s result for this unit (see The University of Sydney Law School Resolutions: Coursework Awards cl 11).

 

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through the Library eReserve, available on Canvas.

  • Miiko Kumar et al, Civil Procedure and Dispute Resolution in New South Wales (Thomson Reuters, 5th edn., 2025).
  • David Brown et al, Criminal Laws: Materials and Commentary on Criminal Law and Process of New South Wales (Federation Press, 8th edn., 2025).

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. Critically analyse and evaluate the procedures used in civil litigation and the criminal justice system
  • LO2. Synthesise knowledge of the historical and contemporary development and reforms of criminal and civil procedures
  • LO3. Assess the requirements and implications of open justice principles and the overriding purpose of the Civil Procedure Act 2005 (NSW) in civil litigation
  • LO4. Assess the requirements and implications of the principle of fair trial in the criminal and civil justice systems

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

Long release court report has been replaced with an in-semester test.

Disclaimer

Important: the University of Sydney regularly reviews units of study and reserves the right to change the units of study available annually. To stay up to date on available study options, including unit of study details and availability, refer to the relevant handbook.

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