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Zuckerman on Australian Civil Procedure

Zuckerman on Australian Civil Procedure

By Zuckerman, A; Wilkins, S; Adamopoulos, J; Higgins, A; Hooper , S; Vial, A,

Zuckerman on Australian Civil Procedure is an important new text that provides a rigorous, principles-based analysis of civil procedure. Civil procedure lies at the heart of the judicial process. Relevant principles are explored against a backdrop of rules and procedure and solutions are offered to difficult issues encountered in practice and to unsettled questions of law.

Civil Procedure 

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  • Full description

    Zuckerman on Australian Civil Procedure is an important new text that 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 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 Analysts Group v Armstrong Strategic Management & Marketing. 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 the 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 on an evolving practice area
    • Rigorous principles-based analysis
    • Offers solutions to complex problems of civil procedure by providing a framework for legal argument in uncertain areas
    • Covers all Australian state, territory and federal procedural rules
  • About the author

    Adrian Zuckerman is Emeritus Professor of Civil Procedure at the University of Oxford and author of leading influential works on the subject.

    Stefanie Wilkins is admitted as a Barrister and Solicitor in South Australia and has also been called to the bar of England and Wales.

    Jonathan Adamopoulos is admitted as a Lawyer in New South Wales and is also a sessional lecturer in law at Western Sydney University.

    Andrew Higgins is an Associate Professor of Civil Procedure at the University of Oxford, a Senior Fellow at Melbourne Law School, and is admitted as a Barrister in Victoria.

    Stephanie Hooper is admitted as a Barrister in Victoria.

    Alexander Vial is admitted as a Barrister and Solicitor in South Australia.

  • Product details

    ISBN: 9780409342147

    Published: 2018

    Format: Hardcover

  • 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

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