Principles of Civil Procedure in New South Wales
Principles of Civil Procedure in New South Wales

Author: Dorne Boniface

Publisher:

Published: 2012

Total Pages: 988

ISBN-13: 9780455229447

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Presents a scholarly yet accessible account of the New South Wales system with reference, where applicable, to other jurisdictions. Core civil procedures are covered in a hands-on and engaging way. Explanations and commentary are provided with reference to relevant sections of the Civil Procedure Act 2005 (NSW) and the Uniform Civil Procedure Rules 2005 (NSW). Extracts of recent cases and relevant materials are included to enhance understanding and develop legal reasoning. The final chapter, “Civil Procedure in Context”, contains a fact scenario with relevant court documents, providing a concrete illustration of the principles discussed in the preceding chapters.

NSW Civil Procedure Handbook 2018
NSW Civil Procedure Handbook 2018

Author: John P. Hamilton

Publisher:

Published: 2018-04-26

Total Pages: 2370

ISBN-13: 9780455500881

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NSW Civil Procedure Handbook 2018 is the one essential book you need to take to Court. This volume takes selected legislation and commentary from the Thomson Reuters' NSW Civil Practice and Procedure suite which, under the guidance of The Hon John P Hamilton QC, The Hon Justice Geoff Lindsay, Magistrate Michael Morahan (Acting) and Carol Webster SC, specifically addresses the requirements for practice within the uniform rules framework.

Civil Trials Bench Book
Civil Trials Bench Book

Author:

Publisher:

Published: 2007

Total Pages:

ISBN-13:

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This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.

Civil Dispute Resolution
Civil Dispute Resolution

Author: Sonya Willis

Publisher: Cambridge University Press

Published: 2021-12-13

Total Pages: 921

ISBN-13: 1009234161

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Understanding how to resolve conflicts between private parties is essential for Australian lawyers. Civil Dispute Resolution: Balancing Themes and Theory presents a comprehensive framework within which both civil procedure and alternative dispute resolution are addressed. This framework, based on balancing competing objectives of dispute resolution, simplifies and explains the many aspects of resolving disagreements between private parties. The book guides readers through every aspect of civil dispute resolution including the interaction between negotiation, mediation, arbitration and litigation as means to resolve civil disputes and the many stages of litigation, from the commencement of proceedings through to judgment and enforcement. The balancing themes are applied to demystify the resolution of civil disputes, including the role of specialist courts and tribunals, alternatives to court, pleadings, gathering documentary and witness evidence, legal costs, and trial preparation and attendance.

Judging and Emotion
Judging and Emotion

Author: Sharyn Roach Anleu

Publisher: Routledge

Published: 2021-02-03

Total Pages: 180

ISBN-13: 1351718150

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Judging and Emotion investigates how judicial officers understand, experience, display, manage and deploy emotions in their everyday work, in light of their fundamental commitment to impartiality. Judging and Emotion challenges the conventional assumption that emotion is inherently unpredictable, stressful or a personal quality inconsistent with impartiality. Extensive empirical research with Australian judicial officers demonstrates the ways emotion, emotional capacities and emotion work are integral to judicial practice. Judging and Emotion articulates a broader conception of emotion, as a social practice emerging from interaction, and demonstrates how judicial officers undertake emotion work and use emotion as a resource to achieve impartiality. A key insight is that institutional requirements, including conceptions of impartiality as dispassion, do not completely determine the emotion dimensions of judicial work. Through their everyday work, judicial officers construct and maintain the boundaries of an impartial judicial role which necessarily incorporates emotion and emotion work. Building on a growing interest in emotion in law and social sciences, this book will be of considerable importance to socio-legal scholars, sociologists, the judiciary, legal practitioners and all users of the courts.

Defamation
Defamation

Author: Andrew Kenyon

Publisher: CRC Press

Published: 2013-09-05

Total Pages: 479

ISBN-13: 1136791574

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1. Introduction -- 2. Is a defamatory meaning conveyed? English and Australian law -- 3. Defences relevant to meaning : English and Australian law -- 4. Meaning : English defamation practice -- 5. Meaning : New South Wales defamation practice -- 6. Meaning : Victorian defamation practice -- 7. Qualified privilege : English and Australian law and practice -- 8. US defamation law and practice -- 9. Lucas-box and Polly Peck in Australia -- 10. Comparative defamation law and practice.

Mediation and Commercial Contract Law
Mediation and Commercial Contract Law

Author: Maryam Salehijam

Publisher: Routledge

Published: 2020-12-10

Total Pages: 155

ISBN-13: 1000262464

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There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.