LAWS2244 Litigation and Dispute Management Study Notes

Description

TOPIC LIST: Introduction to Litigation and Dispute Management Procedural Justice Alternative Dispute Resolution Processes Negotiation Mediation Introduction to Civil Litigation Interlocutory Proceedings The Context of Civil Litigation Terminology The Sources of Civil Procedure The Relationship Between Civil Litigation and Social Justice Indigenous Plaintiffs Manus Island Refugees Victims of Sexual Harassment Limitation Periods Limitation Periods Problem Solving Parties Plaintiffs Defendants Third Parties People With Disabilities Amicus Curiae Interveners Consolidating Proceedings Model Litigant Guidelines Class Actions Jurisdiction Representative Proceedings and Class Actions Finality Estoppels Case Management and the Overriding Purpose Jurisdiction Service Inside the Jurisdiction Service Outside of Jurisdiction in Australia Service Outside Australia Substituted Service Service Upon Particular Defendants Originating Process and Commencing Proceedings Defending Proceedings and Appearance Acting for the Defendant Preserving the Evidence Urgent Applications Checklist Anton Piller Orders Search Orders Mareva Orders Freezing Orders Pleadings Subsidiary Rules of Pleadings Structure of the Statement of Claim Defence Pleading a Defence Counter-Claims Reply Third Party Proceedings Challenging Proceedings Mistakes and Amendment Exam Guide Court's Leave to Amend When Must the Court Grant Leave? When May the Court Grant Leave? Granting Leave After the Limitation Period Has Passed Consequences of Amendment Preliminary Discovery Discovery/Disclosure Exam Checklist Notice of Non-Party Production Interrogatories Notices to Admit Subpoenas Resisting Discovery Problem Solving Checklist for Privileges Privileges Client Legal Privilege Professional Confidential Relationships Journalistic Privilege Religious Confessions Settlement Negotiations Self-Incrimination Public Interest Privilege Spousal Privilege? Other Considerations Early Resolution of Claims and Ending Proceedings Early Exam Checklist Discontinuance/Withdrawal Default Judgement Default by the Plaintiff Summary Judgement Abuse of Process Vexatious Litigants Costs Party/Party Costs Solicitor/Client Costs Indemnity Basis Costs Exceptions Special Cases Settlement Making an Offer Offers of Compromise Acceptance of the Offer Non-Acceptance, More Favourable Outcome at Trial Non-Acceptance, Less Favourable Outcome at Trial Non-Acceptance, Loss at Trial Calderbank v Offers of Compromise? Other Issues Judgement Appeals Setting Aside Appealing an Interlocutory Decision Appealing a Trial Judgement Enforcement All notes compiled from Lectures, Tutorials, Readings and Case Studies