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Principles of Civil Procedure in Queensland
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Principles of Civil Procedure in Queensland

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Overview
Published 2 March 2015 (Thomson Reuters)
ISBN: 9780455232621.
Description

By Bernard Cairns

The fundamentals of all Australian civil jurisdictions are substantially the same, but each jurisdiction is still unique and has its own particular characteristics.

This new book by the well-regarded author of Australian Civil Procedure (now in its tenth edition) puts the fundamentals of the civil litigation system into a Queensland context.

Principles of Civil Procedure in Queensland is intended for students studying civil procedure or civil litigation. All topics prescribed for Civil Procedure for admission as a legal practitioner in Queensland are included in this book. Those topics discuss:

  • the nature, sources and function of procedural law, including overriding objective justice and efficiencies;
  • the structure of the Queensland civil court system and the civil jurisdiction of the Supreme Court, the District Court, the Magistrates Courts and the Queensland Civil and Administrative Tribunal;
  • the process for commencing proceedings, including limitation periods, joining multiple plaintiffs and defendants, and selecting proper form of originating process;
  • how to serve originating process, including outside of Australia;
  • the Notice of Intention to Defend, effect of unconditional notice of intention to defend, challenging ineffective service and challenging jurisdiction where originating process is served outside Australia;
  • pleadings (functions and rules), including admissions, non-admissions and denials, particulars of pleadings and striking out pleadings; amending court processes and pleadings;
  • the disclosure of documents; interrogatories; objections to disclosing documents or answering interrogatories; non-party disclosure of documents;
  • settlement, alternative dispute resolution, pre-court settlement procedures, offer to settle, contractual offers of settlement, compromise of action, consent judgment; default judgment;
  • summary judgment; dismissal for want of prosecution; evidence, cases in special lists, subpoenas, experts and expert evidence; trial; costs, solicitor and client costs, party and party costs, misconduct of litigation, security for costs; appeals and new trials; enforcing judgments.

TABLE OF CONTENTS

 

Chapter 1 The Civil Litigation System

Chapter 2 Queensland Court and Tribunal System

Chapter 3 Commencing Proceedings

Chapter 4 Service

Chapter 5 Notice of Intention to Defend

Chapter 6 Pleading

Chapter 7 Amendment

Chapter 8 Disclosure

Chapter 9 Settlement

Chapter 10 Summary Disposal and Discontinuance of Litigation

Chapter 11 Evidence

Chapter 12 Trial

Chapter 13 Costs

Chapter 14 Appeals and New Trials

Chapter 15 Enforcing Judgments

 

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