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:
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 1. Jurisdiction 2. Managing Litigation and the Adversary System 3. Commencing Proceedings 4. Service of Process 5. Appearance 6. Pleading 7. Pleading Practice 8. Amendment 9. Parties and Causes of Action 10. Discovery, Interrogatories and Inspection 11. Settlement 12. Summary Disposal and Discontinuance of Litigation 13. Preserving and Inspecting Subject Matter of Litigation 14. Interlocutory Proceedings 15. Evidence 16. Trial 17. Costs 18. Appeals and New Trials 19. Enforcing Judgments
