Civil Procedure: Commentary and Materials, 8th edition
An essential resource on civil procedure for students and practitioners
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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 jurisdictions. The common law is clearly set out, together with extensive practical commentary. Each chapter features in-depth questions and notes together with further readings, 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 jurisdiction of a court to consider a matter, alternative dispute resolution, limitation of actions, commencing proceedings and case management, service, pleading, parties and joinder, group proceedings, summary disposition, affidavits, interlocutory procedures, settlement, gathering evidence, trial and appeal, costs, enforcement and practical directions. Federal, state and territory procedures are covered.
This eighth edition contains completely revised and updated legislation, Rules of Court, Practice Directions, Practice Notes, forms, cases, articles and ALRC reforms.
• Covers all jurisdictions to equip students for practice Australia-wide
• Authoritative commentary and analysis
• Includes extensive discussion of alternative dispute resolution
• All chapters include questions, notes and further reading
• Aids and extends students’ understanding of the issues
• Colbran et al, LexisNexis Study Guide: Civil Procedure, 3rd ed, 2022
• Hemming & Penovic, Civil Procedure in Australia, 2015
• Simmons, LexisNexis Case Summaries – Civil Procedure, 2016
• Zillmann & Hemming, LexisNexis Questions & Answers – Civil Procedure, 2016
Table of contents
- 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 Non-compliance, Amendment and Time
- Ch 6 Limitation of Actions
- Ch 7 Commencing Proceedings
- Ch 8 Service
- Ch 9 Appearance
- Ch 10 Joinder of Parties and Actions
- Ch 11 Group Proceedings
- Ch 12 Pleading
- Ch 13 Disposition
- Ch 14 Discovery
- Ch 15 Further Means of Obtaining Evidence
- Ch 16 Affidavits
- Ch 17 Interlocutory Procedures
- Ch 18 Settlement
- Ch 19 Trial
- Ch 20 Appeal and New Trial
- Ch 21 Costs
- Ch 22 Enforcement