Principles of Civil Litigation 4th ed

Australia Title

The last 30 years or so 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 operates. Other changes have focused on improving the efficacy of the various procedural tools available to parties in the litigation process. Intertwined with such changes is a distict legislative and judicial policy of encouraging settlement of all civil disputes.

This new edition of Principles of Civil Litigation offers an analysis of the workings of the civil justice system, and provides detail on how civil litigation currently functions. It also suggests possible policy and procedural directions for the future of the civil justice system. The new edition has been updated to include significant developments since 2017, along with new chapters on litigation in the digital age, and litigation ethics. The chapter on litigation in the digital age considers the impact of rapid technology change on the civil justice system, and especially in relation to increased automation and connectivity, and examines the manner in which this is reshaping and reforming the nature of civil litigation. The chapter on litigation ethics provides an overview of both formal regulatory frameworks, as well as broader moral considerations, and reflects upon the role and responsibilities of civil litigators. The focus remains upon the principles of civil litigation, rather than practical procedure.

table of content

Table of Contents

Chapter 1 - The Civil Justice System

Chapter 2 - Commencing Proceedings: Jurisdiction and Parties

Chapter 3 - Commencing the Proceedings: The Practicalities

Chapter 4 - How Courts Manage Cases and Make Procedural Decisions

Chapter 5 - Defining the Issues

Chapter 6 - Pre-Trial Termination of Proceedings

Chapter 7 - Protecting Positions Until Trial

Chapter 8 - Gathering Information

Chapter 9 - Court Annexed Alternative Disute Resolution

Chapter 10 - Calderbank Letters and Formal Offers to Settle

Chapter 11 - Trials

Chapter 12 - Litigation Costs

Chapter 13 - Appeals

Chapter 14 - Enforcement of Judgments

Chapter 15 - Litigation in the Digital Age