Complete Civil Practice HD Notes (Autumn 2018 - Latest Content)

Description

Complete summary covering the entire Civil Practice semester from beginning to end, including ALL case notes and relevant authorities for assignments and final exam. This summary incorporates notes from the required readings, additional readings, lecture slides and tutorials. Civil Practice is a content-dense subject so a perfect, concise set of notes is exactly what you need to ace the subject! - Purposes of Civil Procedure - Sources of Civil Procedure - Inherent Jurisdiction - Just, Quick and Cheap - Historical Context - Practical Implications of Overriding Purpose - Duties - Case Management - Costs and Sanctions - Tensions Between Just, Quick and Cheap - Case Management - Alternative Dispute Resolution - The Purpose of ADR - The Rise of ADR - The Benefits of ADR - When Is ADR Not Appropriate? - Facilitative Processes - Mediation - Conciliation - Ombudsman - Facilitated Negotiation - Advisory - Early Neutral Evaluation - Determinative - Arbitration - Adjudication - Expert Determination - Role of Lawyers in ADR - Negotiations - BATNA Strategy - Positional Negotiation - Interest-Based Negotiation - Constructive Negotiation - Non-Adversarial Models of Negotiation - Open Justice - Role of Media In Facilitating Open Justice - Departure from Open Justice - Access to Justice - Access to Dispute Resolution Processes - Pre-Litigation Steps - Lawyer’s Duties - Pre-Litigation Steps - Client Care - Commencing Litigation - Jurisdiction - Subject Matter Jurisdiction - Territorial Jurisdiction - Cross-Vesting - Transferal of Proceedings - Pleadings - Purpose of Pleadings - Key Rules of Pleadings Generally - Originating Process - Statement of Claim - Summons - Strike Out and Embarrassment - Options for Defendants - Cross-Claim - Joining Parties - Service - Originating Process - Other Documents - Substituted Service - Evidence in Proceedings - Key Terms - Affidavits - Discovery and Inspection - Subject Themes - Demise of Discovery - Discovery in Supreme Court Equity Division - Preliminary Discovery - Ordinary Discovery - Notice to Admit - Interrogatories - Notices to Produce - Subpoenas - Objections to Produce: Privilege - Interlocutory Applications - Motions - Security for Costs - Injunctions - Mareva Orders - Anton Piller Orders - Operation of Interlocutory Applications - Evidence in Support of the Application - Obligation of Candour - Hearsay in Interlocutory Applications - Urgent Applications - Directions - Applications for Expedition - Usual Undertaking as to Damages - Costs - Settlement - Different Types of Costs Awards - Additional Costs Orders in Multi-Party Litigation - Primary Rule as to Costs - Costs as a Means of Managing Litigation - Legislative Framework - Bases Upon Which Costs Can Be Awarded - Common Types of Costs Orders - Assessing Costs - Costs Against Legal Practitioners - Strike Out - Summary Disposal - Summary Judgment - Summary Dismissal - Default Judgment - Dismissal for Want Of Due Despatch - Vexatious Litigants - Judgment Enforcement - Judgment Enforcement - Orders Against Third Parties - Appeals - Subject Matter of an Appeal - Notices of Appeal - Grounds of Appeal - Time to Appeal - Appeal Books CASE NOTES - Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146 - AON Risk Service v Australian National University (2009) 239 CLR 175 - Bulldogs Rugby League Club Ltd v Williams [2008] NSWSC 822 - Gunns Ltd v Marr [2005] VSC 251 - Dow Jones & Co v Gutnick (2002) 210 CLR 575 - Markisic v Department of Community Service of NSW (No 2) [2006] NSWCA 321 - Silversides Superfunds Pty Ltd v Silverstate Developments Pty Ltd [2008] NSWSC 904 - General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 - Vaughan v Dawson [2005] NSWSC 33 - Legal Services Commissioner v Mullins [2006] QLPT 12 - Firth v Latham & Ors [2007] NSWCA 40 - Kain v Mobbs (No 2) [2008] NSWSC 599 - Attorney General of NSW v Rahman [2014] NSWSC 42 LIGHTNING TALK - Mediation