Principles of Civil Litigation

The last 30 years or so 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 operates. Other changes have focused on improving the efficacy of the various procedural tools available to parties in the litigation process. Intertwined with such changes is a distinct legislative and judicial policy of encouraging settlement of all civil disputes.

This new edition of Principles of Civil Litigation offers an analysis of the workings of the civil justice system, and provides detail on how civil litigation currently functions. It also suggests possible policy and procedural directions for the future of the civil justice system. The new edition has been updated to include significant developments since 2017, along with new chapters on litigation in the digital age, and litigation ethics.

The chapter on litigation in the digital age considers the impact of rapid technology change on the civil justice system, and especially in relation to increased automation and connectivity, and examines the manner in which this is reshaping and reforming the nature of civil litigation. The chapter on litigation ethics provides an overview of both formal regulatory frameworks, as well as broader moral considerations, and reflects upon the role and responsibilities of civil litigators.

The focus remains upon the principles of civil litigation, rather than practical procedure.