Zuckerman on Australian Civil Procedure
Zuckerman on Australian Civil Procedure is an authoritative, principles-based analysis of Australian civil procedure
One Year Subscription Only Terms
Subscribers receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.
Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing firstname.lastname@example.org; or returning the invoice marked 'CANCEL'.
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
Zuckerman on Australian Civil Procedure is an important new text provides a rigorous, principles-based analysis of civil procedure in Australia. Civil procedure lies at the heart of the judicial process. 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.
Rules of civil procedure in Australia have undergone drastic change in recent years, following major reforms over the past 20 years in England and Wales. The idea that the rules of procedure should facilitate the ‘just, quick and cheap’ resolution of the real issues in dispute in proceedings, and that the costs of the process should, insofar as possible, be proportionate to the potential benefits obtained by engaging in it has, in recent years, found favour and been given practical expression in all Australian jurisdictions. This is particularly so in light of the High Court’s rulings in Aon Risk Services Australia v Australian National University and Expense Reduction Management Analysts Group v Armstrong Strategic Management & Market. The motivations underpinning such policy shifts and their consequences in practice are thoroughly explained and analysed, and attention is drawn to matters still ripe for reform.
While the work is concerned with Australian civil procedure, attention is drawn to English experience. The book benefits from the lead author’s expertise in English civil procedure and his influential role in reform efforts in England, as well as from the diverse experience and expertise of the Australian authors in Federal and State jurisdictions in Australia. 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.
- 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
Colbran, Spender, Douglas, Jackson, Penovic & Townes O'Brien, Civil Procedure: Commentary and Materials, 6th ed, 2015
Colbran, Douglas, Jackson & O’Brien, LexisNexis Study Guide: Civil Procedure, 2016
Cujes, Litigation in the Federal Court, 2015
Hemming & Penovic, Civil Procedure in Australia, 2014
Heydon, Cross on Evidence, 11th Australian ed, 2017 Kumar & Peden, Quick Reference Card: Civil Procedure, 2nd ed, 2017
Legg, Resolving Civil Disputes, 2016
Legg & McInnes, Australian Annotated Class Actions Legislation, 2nd ed, 2017
Simmons, LexisNexis Case Summaries: Civil Procedure, 2016
Zillmann & Hemming, LexisNexis Questions and Answers: Civil Procedure, 2016
Table of contents
- The Overriding Objective of Australian Civil Procedure
- The Australian Court System and its Effect on Civil Justice
- The Right to a Fair Trial
- Commencement of Proceedings
- Defendant’s Acknowledgement of Service and Challenges to Jurisdiction
- Pleadings: Defining the Controversy
- The Application Procedure
- Disposal without Trial
- Interim Remedies: Injunctions, Freezing Orders, Security for Costs and Interim Payments
- Court Management and Party Compliance
- Specialist Lists and Procedural Tracks
- Joinder and Collective Redress
- Discontinuance, Withdrawal and Stay of Proceedings
- Discovery, Interrogation and Inspection
- Legal Professional Privilege
- Without Prejudice Privilege
- The Privilege Against Self-Incrimination
- Public Interest Immunity
- Witness Statements and Affidavits
- Expert Evidence
- Trial and Evidence
- Judgment and Orders
- Enforcement and Contempt
- Finality of Litigation
- Obtaining Protection from Costs by an Offer to Settle
- Settlement and Alternative Dispute Resolution