Principles of Civil Litigation Fifth Edition

Principles of Civil Litigation Fifth Edition

By David Bamford, Mark Rankin, Rhys Ashton

Book

$112.80* $141.00 RRP Save: $28.20 (20%)

Date: 10/09/2024

Code: 9780455248455

Lawbook Co., AUSTRALIA

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Description

The last 30 years or so have witnessed major changes in civil procedure in Australia. Some changes, such as case management, have been revolutionary, resulting in a fundamental shift in the way in which the civil justice system operates. Other changes have focused on improving the efficacy of the various procedural tools available to parties in the litigation process. Intertwined with such changes is a distinct legislative and judicial policy of encouraging settlement of all civil disputes.

Updated to reflect significant developments since 2021, this new edition of Principles of Civil Litigation offers an analysis of the workings of the civil justice system, and provides detail on how civil litigation currently functions. It also suggests possible policy and procedural directions for the future of the civil justice system. This includes an examination of the impact of rapid technological change, especially in relation to increased automation and connectivity, as well as a discussion of the importance of professional ethics in the civil litigation environment. This edition introduces a new chapter examining the legal, philosophical, and political underpinnings of the civil justice system, exploring how concepts of justice inform its core objectives and have influenced reforms.

The focus of this edition remains upon the principles of civil litigation, rather than practical procedure. It offers readers a deeper understanding of the evolving landscape of civil procedure in Australia and serves as an essential resource for students, scholars, and legal professionals.

Table of Contents

New Chapter 1 - Conceptualising Civil Justice

The new Chapter 1 introduces the civil justice system, focussing on the conceptual frameworks - legal, philosophical, and political - that shape its operation and inform its central aims and objectives. Critically examining the debates around "access to justice", it explores the diverse (and contested) meanings of justice within the civil law context and interrogates the role of the civil justice system as both a forum for resolving disputes and a site for the determination (and development) of legal rights and obligations.

The civil justice system has long been considered as in a "state of crisis", with persistant concerns about costs, delays, and complexity driving policy discussions and reforms. These disussions (and subsequent reforms) are inevitably underpinned by specific conceptions of justice and particular understandings of the civil justice system's role in, and relationship to, the community. This chapter argues that a better understanding of these underlying frameworks and assumptions is essential for addressing this perceived "crisis".

This chapter provides an important introduction to many of the key principles discussed in subsequent chapters.

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