84% Civil Practice Notes

Description

Highly detailed, easy to follow Civil Practice exam and class participation notes. These notes are indexed and organised by topic, covering ALL topics, key cases and legislation. I achieved a Distinction (84%) in Civil Practice using these notes in both the preliminary assessments and final exam. There are step by step guides on each topic, and they unpack each key part of the legislation and case law. All topics including: - 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 Dispatch - 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