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Principles of Civil Litigation

Principles of Civil Litigation

  • Author:
  • Publisher: Lawbook Co.
  • ISBN: 9780455224930
  • Published In: July 2010
  • Format: Paperback
  • Jurisdiction: Australia ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
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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.

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 Offers to settle and offers to compromise
11 Costs
12 Appeals
13 Enforcement and execution

Author
Professor David Bamford

Contributors
Alan Leaver and Mark Rankin

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