The last 25 years have witnessed major changes in civil procedure in Australia. Some changes, such as case management, have been revolutionary, resulting in a fundamental shift in the way in which the civil justice system works. Other changes have focused on improving the efficacy of the various procedural tools available to parties in the litigation process.
This new edition of Principles of Civil Litigation is published at a time when serious concerns have been raised about the future of the civil litigation. Despite the ‘procedural revolution’ continuing at reasonable pace, the problems of access of justice remain, especially for disputes of any significant size.
This edition has been updated to include significant developments since 2010 along with completely new chapters on costs, appeals and enforcement. It serves a growing interest in the workings of the civil justice system by providing a better understanding of how civil litigation works today. It helps better understand the functions of procedural tools and it suggests possible directions for the future.
1. The Civil Justice System
2. Commencing Proceedings: Jurisdiction and Parties
3. Commencing Proceedings: The Practicalities
4. How Courts Manage Cases and Make Procedural Decisions
5. Defining the Issues
6. Pre-trial Termination of Proceedings
7. Protecting Positions until Trial
8. Gathering Information
9. Court Annexed Alternative Dispute Resolution
10. Calderbank Letters and Formal Offers to Settle
11. Litigation Costs
13. Enforcement of Judgments
Tertiary; University or College
Published: 24th February 2014
Country of Publication: AU
Edition Number: 2