Ethical Resolution of Civil Disputes: South Australian Theory and Practice

Ethical Resolution of Civil Disputes: South Australian Theory and Practice

By Margaret Castles, Anne Hewitt

Book

$40.00* $100.00 RRP Save: $60.00 (60%)

Date: 16/03/2020

Code: 9780455244464

Lawbook Co., AUSTRALIA

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Description

A process to ensure the just and efficient resolution of civil disputes is critical in our society. This text centres on the elements that facilitate this, using South Australia as an illustrative case study. However, recognising that many law graduates will work away from their jurisdiction of study, this text focusses on the generic principles that underpin civil procedural theory across Australia. Using the South Australian procedural experience, the text engages in a practical and critical analysis of the way court rules operate. It focusses on fairness, the exercise of discretion, and the ethical forensic use of court process to achieve effective and affordable outcomes for clients.

The text does not focus on "knowing the rules", but on being able to locate, interpret, apply, and work adaptively within a rules-based system. This active and functional approach ensures that students will be able to transfer learning in resolution of civil disputes across jurisdictions and professional contexts into the future. This is critical, as procedural rules change regularly. In fact, the South Australian Supreme Court Rules were in the process of being re-drafted while this edition was being prepared.

Ethical Resolution of Civil Disputes: South Australian Theory and Practice 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 disputes resolution and ethical practice in the modern professional world.

AMENDMENTS TO THE FIRST EDITION - As noted in the introduction to the first edition of Ethical Resolution of Civil Disputes: South Australian Theory and Practice, the manuscript for the text was prepared before the final version of the 2020 Rules was available. The rules were finalised and enacted in May 2020, at which time there were a number of minor changes which were not captured in the original text. A list of changes to identify where these minor changes have occurred can be downloaded from this page.

Table of Contents

1. Introduction to Civil Dispute Resolution

2. Dispute Resolution Strategies and Practice

3. Pleadings and Process - Commencing Proceedings

4. Additional Parties; Cross Claims; Managing Problems with Pleadings

5. Discovery of Documents

6. Privilege and Immunity

7. Pre-Trial Investigations

8. Interlocutory Applications and Maintaining the Status Quo

9. Legal Costs

10. Ethical Use of Process, Amendment of Pleadings, Special Applications, Strike Out, Proportionality and Case Management

11. Comparative Jurisdictions - South Australian Civil, Minor Civil and Federal Court

12. Entering Judgment, Appeals, Judicial Review, Summary Judgment and Judgment by Default, Principles Controlling Re-litigation, Enforcement

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