Principles of Civil Litigation

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.

Principles of Civil Litigation analyses civil procedure within the broader context of these changes, along with possible directions for future reforms. It does not merely explain the rules of court; it employs original research to provide a systematic overview of the core procedural steps in the civil justice system, explains how these processes function in practice and their impact upon justice. It considers litigation within a dispute-resolving context and recognises that the majority of cases do not progress to judgment.

Principles of Civil Litigation aims to promote debate about the direction of procedural reform and the wider implications of civil procedure, along with an understanding of how civil litigation works today.