Zuckerman on Australian Civil Procedure, 2nd edition
Authoritative, principles-based analysis of Australian civil procedure
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Civil procedure lies at the heart of the judicial process as it establishes the mechanisms by which rights and obligations are enforced. An understanding of these mechanisms is therefore essential to anyone contemplating legal proceedings. The second edition of this important text provides a rigorous, principles-based analysis of civil procedure in Australia. 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.
It is now accepted in Australia that rules of procedure, case management, and the conduct of litigants should facilitate the ‘just, quick and cheap’ resolution of the real issues in dispute. The present edition examines this overriding objective and its consequences in practice by reference to recent case law. Attention is drawn to matters still unresolved or ripe for reform.
While this work is concerned with Australian civil procedure, it draws on the English experience that shaped the Australian rules. The book benefits from the lead author’s expertise in English civil procedure and his influential role in legal reform in England, as well as from the diverse experience and expertise of the Australian authors. 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 superior court procedural rules
• Chapters revised to cover recent decisions and new South Australian procedural rules
• Colbran & Spender, Civil Procedure: Commentary and Materials, 8th ed, 2022
• Lethbridge et al, Civil Litigation: Strategy and Practice, 2023
• Heydon, Cross on Evidence, 14th Australian ed, 2023
• Legg (ed), Resolving Civil Disputes, 2nd ed, 2024
Table of contents
- 1. The Overriding Objective of Australian Civil Procedure
- 2. The Australian Court System and its Effect on Civil Justice
- 3. The Right to a Fair Trial
- 4. Commencement of Proceedings
- 5. Service
- 6. Defendant’s Acknowledgement of Service and Challenges to Jurisdiction
- 7. Pleadings – Defining the Controversy
- 8. Interlocutory Applications
- 9. Disposal Without Trial
- 10. Interim Remedies – Injunctions, Freezing Orders, Security for Costs, Interim Payments
- 11. Case Management and Party Compliance
- 12. Specialist Lists and Procedural Tracks
- 13. Joinder and Collective Redress
- 14. Discontinuance, Withdrawal and Stay of Proceedings
- 15. Discovery, Interrogation and Inspection
- 16. Legal Professional Privilege
- 17. Without Prejudice Privilege
- 18. The Privilege Against Self-Incrimination
- 19. Public Interest Immunity
- 20. Lay Evidence: Witness Statements and Affidavits
- 21. Expert Evidence
- 22. Trial and Evidence
- 23. Judgments and Orders
- 24. Enforcement and Contempt
- 25. Appeals
- 26. Finality of Litigation
- 27. Obtaining Protection from Costs by an Offer to Settle
- 28. Costs
- 29. Settlement and Alternative Dispute Resolution