Civil Procedure in Australia provides a detailed analysis of the rules of civil procedure in the State Supreme Courts and in the Federal Court Civil Procedure in Australia is based on the successful work formerly published as Litigation I oÂeÂ" Civil Procedure. This book examines the principal rules governing the usual manner in which superior court cases are litigated. It covers the rules which apply to the running of civil cases, ranging from those which must be considered prior to the commencement of litigation to the rules pertaining to appeals and enforcement. Primary and secondary materials from all Australian jurisdictions are included. The topics covered in Civil Procedure in Australia encompass the areas of knowledge required for admission to legal practice in Australia. Principles of procedure which are essential to an understanding of the way in which civil proceedings are conducted are examined in the book, which in addition equips the reader to navigate the broader requirements of civil procedure. In Australia and comparable jurisdictions, civil procedure has been subject to significant statutory reforms, including greater judicial control of civil proceedings and the increased requirements placed on the courts to follow mechanisms for resolving disputes other than by litigation. This book examines these reforms and provides an up to date account of the rules which govern civil litigation in Australia.

Contents: 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

This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.

Civil procedure lies at the heart of the judicial process as it establishes the mechanisms by which rights and obligations are enforced. An understanding of these mechanisms is therefore essential to anyone contemplating legal proceedings. The second edition of this important text provides a rigorous, principles-based analysis of civil procedure in Australia. Relevant principles are explored against a backdrop of State, Territory and Federal rules of procedure, and solutions are offered to difficult issues encountered in practice, and to unsettled questions of law. It is now accepted in Australia that rules of procedure, case management, and the conduct of litigants should facilitate the 'just, quick and cheap' resolution of the real issues in dispute. The present edition examines this overriding objective and its consequences in practice by reference to recent case law. Attention is drawn to matters still unresolved or ripe for reform. While this work is concerned with Australian civil procedure, attention is drawn to the English experience. The book benefits from the lead author's expertise in English civil procedure and his influential role in legal reform in England, as well as from the diverse experience and expertise of the Australian authors. The book is an essential text for both legal practitioners and academics and is highly valuable for law students seeking a deeper understanding of the principles informing the rules of procedure. Features * Authoritative discussion of principles, policy and reform opportunities * Comprehensive in-depth coverage of all major topics provides detailed guidance in an evolving practice area * Rigorous principles-based analysis * Offers solutions to complex problems of civil procedure providing a framework for legal argument in uncertain areas of procedure * Covers all Australian state, territory and federal procedural rules Related Titles * Colbran & Spender, Civil Procedure: Commentary and Materials, 8th ed, 2022 * Lethbridge et al, Civil Litigation: Strategy and Practice, 2023 * Heydon, Cross on Evidence, 14th Australian ed, 2023 * Legg (ed), Resolving Civil Disputes, 2nd ed, 2024