Monash LDR (LAW4303) Full Notes: Cases, Checklists + Lecturer Tips

Description

These are the notes I used to prepare for the LDR exam. Every week is covered in full, and every topic is broken down so you know exactly what to write when you see it in a problem question. What's inside: All 11 weeks in one document (230+ pages), with a clickable table of contents 60+ case summaries set out as Facts / Held / Ratio, plus the reason each case matters in an exam Exam checklists for every topic. These are tick-box steps you can follow in order: limitation periods, discoverability under s 27F, commencing proceedings, substituted service, pleadings, discovery, privilege, class actions and enforcement 120+ lecturer comments. These are what the lecturer said in class: the examples, the warnings and the "this is the case to cite" moments that aren't on the slides 50+ exam tips on what examiners look for and what students commonly forget (like the CPA certifications) "Spot this" red flags for traps in fact patterns, such as default vs summary judgment, or late amendments where you need to run all five Aon factors "Write this" model sentences for the class actions policy question Real-world examples for policy answers: Vu Ho and the sheep, Black Saturday, Banksia, Robodebt, COVID-19 hotel quarantine, Dallas Buyers Club and the Falls Festival class action Case flow charts for quick revision Topics by week: Civil justice and case management: the CPA overarching purpose and obligations, Aon v ANU, JL Holdings, Expense Reduction, generative AI in litigation ADR and mediation: court-annexed ADR, the 7 elements of principled negotiation, s 66 CPA, Bolitho, critiques of ADR Costs: the indemnity rule, Calderbank offers vs O 26, CPA ss 28 and 29 sanctions, protective costs orders, security for costs, contingency fees (s 33ZDA) Jurisdiction, parties and claims: capacity, standing, litigation guardians, joinder, preliminary discovery, res judicata, Anshun estoppel, counterclaims vs set-off Pre-litigation, service and appearance: letters of demand, limitation periods (LAA), discoverability, extensions, writs, CPA certifications, personal, ordinary and substituted service Pleadings and summary disposition: r , strike-out, default vs summary judgment, amendments Discovery Gathering evidence: privilege and alternatives to discovery Urgent applications: interlocutory injunctions (Castlemaine Tooheys), mandatory vs prohibitory injunctions, undertakings, search orders (r 37B), freezing orders (r 37A) Class actions: Part 4A, s 33C, declassing under s 33N, settlement approval, group costs orders, the "class action explosion" debate (Morabito) Judgment, enforcement and settlement, plus evaluating the civil justice system Good for you if: ☑ you learn better from steps and checklists than from long paragraphs ☑ you want the lecturer's comments without rewatching every recording ☑ you're short on time before the exam and need everything in one place