Application
This unit describes the skills and knowledge required to assist in civil procedure contexts and processes of litigation.
It applies to individuals who work under supervision and apply solutions to a range of unpredictable problems, and analyse and evaluate information from a variety of sources.
Its application in the workplace is determined by the job role of the individual and legislation, rules, regulations and codes of practice relevant to different jurisdictions.
No licensing, legislative or certification requirements apply to this unit at the time of publication.
Elements and Performance Criteria
ELEMENT | PERFORMANCE CRITERIA |
Elements describe the essential outcomes. | Performance criteria describe the performance needed to demonstrate achievement of the element. |
1. Identify laws and structures related to civil procedure | 1.1 Identify jurisdictional limits of federal, state and territory courts and tribunals in relation to dispute resolution 1.2 Source legislation, regulations and policies relevant to civil procedure 1.3 Identify roles of court personnel |
2. Assess matter in dispute | 2.1 Liaise with designated individual about the matter in dispute 2.2 Prepare relevant costing documents 2.3 Identify and consider options to litigation |
3. Prepare and assist in litigation proceedings | 3.1 Determine steps prior to litigation 3.2 Obtain and prepare relevant documentation for designated person according to organisation’s policies and procedures |
4. Assist with interlocutory process | 4.1 Identify purpose of discovery and associated legal obligations 4.2 Undertake administrative tasks associated with discovery process |
Foundation Skills
This section describes language, literacy, numeracy and employment skills incorporated in the performance criteria that are required for competent performance.
Skill | Performance Criteria | Description |
Reading | 1.1-1.3, 2.3, 3.1, 3.2, 4.1, 4.2 | Gathers, interprets and analyses complex textual information from a range of sources and identifies relevant and key information Check documents for accuracy and consistency of information |
Writing | 2.2, 3.2 | Uses clear, accurate and relevant language to organise and record information and complete workplace documentation |
Oral Communication | 2.1 | Participates effectively in spoken interactions using appropriate language and features for each audience and situation Uses active listening and questioning techniques to confirm and clarify understanding |
Numeracy | 2.2 | Uses mathematical calculations to determine costs |
Navigate the world of work | 1.1, 1.2, 3.2, 4.1 | Understands and adheres to organisational policies and procedures Keeps up-to-date with relevant legislation or regulations and considers implications of these when planning and undertaking work |
Get the work done | 1.1, 1.2, 1.3, 2.1, 2.3, 3.1, 4.1, 4.2 | Plans, sequences and implements tasks according to legislative and organisational requirements Evaluates information to decide on relevance to situation |
Sectors
Administration – Legal Services Administration