Google Links

Follow the links below to find material targeted to the unit's elements, performance criteria, required skills and knowledge

Elements and Performance Criteria

  1. Identify laws and structures related to civil procedure
  2. Assess matter in dispute
  3. Prepare and assist in litigation proceedings
  4. Assist with interlocutory process

Required Skills

Required skills

communication skills to

give and interpret instructions

obtain personal information from clients

explain legal procedures to clients

literacy skills to

follow complex legal procedures related to civil law

complete relevant documentation

edit and proofread documentation for accuracy and consistency of information

research skills to

locate necessary information from external sources

identify and evaluate status of information

interpersonal skills to participate in meetings between opposing parties in a legal matter

organisational skills to

make arrangements for meetings

receive and despatch documents

technology skills to operate office equipment and common software packages

Required knowledge

limitations of job role as determined by relevant jurisdictions

relevant court processes current legislation legal processes and required documentation as they relate to civil procedure

organisations required policies and procedures for the full range of tasks covered

legal terminology including that specific to civil procedure

civil procedure as applicable to the scope of workplace responsibilities

accepted codes of practice relevant to the workplace including those relating to

privacy and confidentiality

use of company property

duty of care

ethical behaviour

nondiscriminatory practice

conflict of interest

compliance with reasonable direction

Evidence Required

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria required skills and knowledge range statement and the Assessment Guidelines for the Training Package

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Evidence of the ability to

apply knowledge of civil procedure to relevant legal matters

apply knowledge of alternative dispute resolution purpose of discovery discovery process and associated legal obligations in a manner that conforms to workplace expectations

prepare accurate compliant and complete document lists according to standard legislative procedures and organisations policies and procedures

Context of and specific resources for assessment

Assessment must ensure access to

an actual workplace or simulated environment

appropriate legislation and regulations relevant to civil procedure

workplace manuals and reference materials such as company policies procedural manuals checklists sources of documentation and sample forms

background information on courts their jurisdiction and behavioural requirements

appropriate technology such as computers with relevant software

appropriate texts and people with expert knowledge such as legal practitioners

appropriate legislation and regulations relevant to common legal matters

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledgeThe following examples are appropriate for this units

analysis of responses to case studies and scenarios

observation of role plays

direct questioning combined with review of portfolios of evidence and thirdparty workplace reports of onthejob performance by the candidate

review of collated discoverable documents

review of prepared lists of documents involved in the matter

oral or written questioning to assess knowledge of alternative dispute resolution relevant court processes current legislation legal processes and required documentation

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector workplace and job role is recommended


Range Statement

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Legislation, regulations and policies may include:

court rules

court's inherent power to control procedure

judicial interpretation of rules

organisation's policies and procedures

policies and procedures of relevant courts and tribunals

regulations of federal, state and territory courts.

Court personnel may include:

associate

judge

magistrate

master

prothonotary

registrar.

Options to litigation may include:

mediation

conciliation

arbitration

negotiation

other practices for alternative dispute resolution.

Steps prior to litigation may include:

choice of court

choice of mode and place of trial

issue of a writ

letters before action

means for serving an originating process

nature of a cause of action

types of originating process.

Relevant documentation may include:

counterclaims

defence

fact sheets

letters before action

notes from interviews

pleadings subsequent to reply

statements of claim

writs.

Designated person may include:

barrister

legal practice manager

qualified legal practitioner

supervisor.

Organisation's policies and procedures may include:

code of conduct

discovery procedures

individual procedures adopted by instructing legal practitioner

information sources

liaising with opposing party

office procedural manual

protocol for accommodating specific client needs, e.g. case manager or social worker

protocol for contacting clients, e.g. translator or interpreter

recording information

time-recording procedures

using checklists.

Purpose of discovery may include:

legal obligations involved in discovery

philosophy of discovery

purpose of first and second schedule

which documents can be included in a court hearing

why documents can be reserved for client-solicitor legal privilege.

Legal obligations may include:

explaining process to client

listing and making available

listing documents inspected but no longer in an organisation's possession (second schedule)

listing documents involved in pleading.

Administrative tasks may include:

collating discoverable documents

organising table of contents

contacting client and others for information or relevant documents

reviewing and amending list

contacting opposing party

making appointments

inspecting opposing party's discoverable documents.