PRESCRIBED TEXT FOR LAWS4021 AT UWA, SEMESTER 1 2013
PRESCRIBED TEXT FOR MLL391 AT DEAKIN, SEMESTER 2 2013
This is the paperback version. For the hardcover version see isbn: 9780455229362
Now in its ninth edition, Australian Civil Procedure maintains its standing as Australia's most authoritative work in its field. With its detailed analysis of the law and its scholarly discussion of issues, this work provides a comprehensive treatment of the civil justice system in Australia.
The ninth edition brings the statutory and rule-based frameworks in all Australian jurisdictions entirely up to date. Additions and alterations incorporated into this edition include:
Integration of the Federal Court Rules 2011 into the general text, highlighting the changes they introduce.
Consideration of the court's continuing role in the pre-trial preparation and management of litigation, especially following the High Court decision in Aon Risk Services Australia Ltd v Australian National University.
Discussion of the emerging importance of attempting settlement negotiations before suing in a court.
Inclusion of recent developments in summary judgments, following the High Court decision in Spencer v Commonwealth.
Revision of the inter-relationship of federal and State jurisdiction and its consequences for the jurisdiction of State courts.
Reconsideration of how to amend pleadings and of court processes.
Review of legal professional privilege, including litigation privilege.
Expanded discussion of trial processes, including reference to a special referee, procedural fairness at trial and unrepresented litigants.
An update of costs, including cost capping and security for costs.
The work is essential reading for students and practitioners navigating the Australian civil justice system.
Table of Contents
2. Managing Litigation and the Adversary System
3. Commencing Proceedings
4. Service of Process
7. Pleading Practice
9. Parties and Causes of Action
10. Discovery, Interrogatories and Inspection
12. Summary Disposal and Discontinuance of Litigation
13. Preserving and Inspecting Subject Matter of Litigation
14. Interlocutory Proceedings
18. Appeals and New Trials
19. Enforcing Judgments.