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 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.

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.

This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book’s introductory chapters lay the groundwork for researchers to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions’ analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure – for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book’s contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise.

NSW Civil Procedure Handbook 2018 is the one essential book you need to take to Court. This volume takes selected legislation and commentary from the Thomson Reuters' NSW Civil Practice and Procedure suite which, under the guidance of The Hon John P Hamilton QC, The Hon Justice Geoff Lindsay, Magistrate Michael Morahan (Acting) and Carol Webster SC, specifically addresses the requirements for practice within the uniform rules framework.