Explore specific issues impacting on corporations involved in litigation, including obligations of a corporation as a litigating party; duties to mediate; authority to commence proceedings and represent the corporation; discoverability and confidentiality of in-house advice and reports; interlocutory and final party-party costs applications; specific issues in enforcement of judgments; and employee’s and director’s liability.

Topics covered include:

  • Corporations as plaintiffs – standing, authority, public corporations as model litigants, ethical and practical issues
  • Corporations as defendants – criminal, commercial, public interest and shareholder actions
  • Corporations, representation and evidence – in-house advice and representation, confidentiality, privilege, duties in discovery
  • Corporations and legal costs – principles,exposure and security for costs
  • Corporations, settlements, judgments and insolvency
  • Corporations through their human agents – directors and employees responsibility, liability and indemnity.

The unit will traverse the rules of civil procedure and will examine specific areas of law where specific provisions impact on corporate entities by examination of relevant legislation, rules and cases.

Learning outcomes

  • Critically analyse and assess recent cases in specific issues of corporate litigation
  • Apply advanced theory and procedural rules to the conduct of litigation by corporate entities
  • Demonstrate advanced understanding and ability to synthesise high-level advice on problems arising in and from litigation, involving corporations.

Unit assessor

Mr Geoff Manion
Senior Lecturer with the School of Law and Justice

Assessment

  • Report (due Week 1): 10%
  • Essay (due Week 4): 50%
  • Exam, take-home (due Week 7): 40%.

Courses

You can study this unit as part of the Master of Laws (Business Law) and Master of Business Law.

 

Please note, unit structure and content are subject to change. Contact your SCU Online student advisor on 1300 589 882 for more information based on your particular circumstances.