Zuckerman on Australian Civil Procedure

Zuckerman on Australian Civil Procedure is an authoritative, principles-based analysis of Australian civil procedure

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AUD$ 231.00
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ISBN/ISSN: 9780409342130

Product description

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.

Features

  • 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

Related Titles

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

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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. The Application Procedure

  9. Disposal without Trial

  10. Interim Remedies: Injunctions, Freezing Orders, Security for Costs and Interim Payments

  11. Court 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. Witness Statements and Affidavits

  21. Expert Evidence

  22. Trial and Evidence

  23. Judgment 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