Australia Title
Civil Procedure: Commentary and Materials provides students and practitioners with a comprehensive analysis of the practical and theoretical issues encountered in Australian civil procedure, including alternative dispute resolution. This text combines a wealth of primary and secondary materials from all Australian Superior Court jurisdictions. The common law is clearly set out, together with extensive practical commentary. Each chapter features in-depth questions and notes to aid and extend understanding of the issues. It also examines and discusses each substantive and procedural step in the trial and appeal process.
Topics include an overview of the civil justice system, jurisdiction of a court to consider a matter, alternative dispute resolution, limitation of actions, commencing proceedings and case management, appearance, service, pleading, parties and causes of action, group proceedings, pre-trial termination of proceedings, affidavits, interlocutory procedures, settlement, gathering evidence, trial, verdict and judgment, appeal, costs, enforcement and practical directions. Federal, state and territory procedures are covered.
This ninth edition contains completely revised and updated legislation, Rules of Court, Practice Directions, Practice Notes, forms, cases, articles, artificial intelligence and ALRC reforms.
Features
table of content
Ch 1 Court Adjudication in the Civil Justice System
Ch 2 Case Management and the Overriding Purpose
Ch 3 Alternative Dispute Resolution
Ch 4 Jurisdiction
Ch 5 Filing, Non-compliance, Amendment and Time
Ch 6 Limitation of Actions
Ch 7 Commencing Proceedings
Ch 8 Service
Ch 9 Appearance and Analogous Processes
Ch 10 Parties and Causes of Action
Ch 11 Group Proceedings
Ch 12 Pleadings
Ch 13 Pre-trial Termination of Proceedings
Ch 14 Discovery, Interrogatories and Inspection
Ch 15 Further Means of Obtaining Evidence
Ch 16 Affidavits
Ch 17 Interlocutory Procedures
Ch 18 Settlement, Discontinuance and Withdrawal
Ch 19 Trial, Verdict and Judgement
Ch 20 Appeal and New Trial
Ch 21 Costs
Ch 22 Enforcement