Principles of Civil Procedure in NSW, 2nd Edition

Principles of Civil Procedure in New South Wales presents a scholarly yet accessible account of the New South Wales system with reference, where applicable, to other jurisdictions.

Core civil procedures are covered in a hands-on and engaging way. Explanations and commentary are provided with reference to relevant sections of the Civil Procedure Act 2005 (NSW) and the Uniform Civil Procedure Rules 2005 (NSW). Extracts of recent cases and relevant materials are included to enhance understanding and develop legal reasoning. The final chapter, “Civil Procedure in Context”, contains a fact scenario with relevant court documents, providing a concrete illustration of the principles discussed in the preceding chapters.

Themes explored by the work include:

• an introduction to civil procedure discussing the requirements of open justice and fairness; and the adversarial system of litigation;
• the history and development of case management in New South Wales and the overriding purpose principles, and obligations of parties and legal practitioners;
• costs, including proportionality, the purpose of costs, costs against parties and legal practitioners, costs orders, security for costs and proposals for containing costs;
• alternatives to litigation, including mediation, referral to a referee and arbitration;
• considerations to be taken into account before commencing proceedings, including whether to commence proceedings, jurisdictional issues, cross-vesting, preliminary discovery, limitation periods and interim preservation orders such as search and freezing orders;
• joining parties and causes of action, Anshun estoppel, cross claims, and consolidation;
• representative proceedings or class actions as introduced into New South Wales on 4 March 2011;
• initiating proceedings, service, and appearance, including general principles of pleading;
• adjournment, amendment and mistakes in the naming of a party;
• procedures that conclude proceedings before trial, including summary disposal, default judgments and settlement;
• procedures for gathering information and evidence, including discovery, notices to produce, interrogatories, subpoenas and admissions;
• witness preparation, affidavits and expert evidence, including joint experts, joint conferences and concurrent expert evidence;
• client legal privilege, professional confidential relationship privilege, journalist privilege, public interest immunity and settlement negotiations privilege; and
• appeal and enforcement.