Ethical Resolution of Civil Disputes: South Australian Theory and Practice Second Edition

A process to ensure the just and efficient resolution of civil disputes is critical in our society. Ethical Resolution of Civil Disputes: South Australian Theory and Practice Second Edition centres on the elements that facilitate this, using South Australia as an illustrative case study. However, recognising that our society is increasingly mobile, that disputes arise across borders and that individuals move jurisdictions, this text also highlights the generic principles that underpin civil procedural theory across Australia. This ensures that the analysis transcends State and Territory boundaries, and will be of relevance around Australia. The text engages in a practical and critical analysis of the way court rules operate, and focuses on fairness, the exercise of discretion, and the ethical forensic use of court process to achieve effective and affordable outcomes for clients.

The text encourages students and practitioners to work adaptively within a rules-based system. This active and functional approach ensures that the analysis can be transferred to the resolution of civil disputes across jurisdictions and professional contexts, as well as into a future which will inevitably involve substantial change.

The text considers diverse aspects of dispute resolution theory, practice and skills, both within and outside the court system. It includes a critical focus on Alternative Dispute Resolution in order to equip students with integrated insight into the dynamics of dispute resolution and ethical practice in the modern professional world. This edition also incorporates a variety of practice-based exercises which facilitate application of the principles expounded within the text. These exercises enable development and enhancement of capacity to apply the theories and knowledge required for ethical resolution of civil disputes, as well as the professional legal skills that entails.

Pre-script Introduction - The Case File Concept

1. Introduction to Civil Dispute Resolution

2. Ethics in Practice

3. Dispute Resolution Strategies and Practice

4. Commencing Proceedings and Pleading a Case

5. Progressing Pleadings

6. Pleadings in Practice

7. Discovery of Documents

8. Privilege and Immunity

9. Documents in Practice

10. Pre-trial Investigations

11. Maintaining the Status Quo

12. Interlocutory Applications

13. Legal Costs

14. Ethical Use of Pre-trial Process and Case Management

15. Costs in Practice

16. Comparative Jurisdictions

17. Preparing for Trial

18. Post-trial Procedures

Post-script Response to Case File Questions