Journal of Civil Litigation and Practice (JCivLP)
Vital reading for all civil dispute practitioners
About the Journal
The Journal of Civil Litigation and Practice (ISSN: 1839-4574) is vital reading for all civil dispute practitioners and scholars. It brings together the many and varied issues encountered in practice, procedure and litigation, which cannot currently be found in a centralised resource.
Under the leadership of General Editor Roderick Joyce QSO QC and Professor Michael Legg, this quarterly journal will address civil litigation and practice issues. Each issue will comprise editorials, articles and case notes, comments and/or book reviews on a wide range of topics. Its Editorial Board comprises practitioners and experts from around Australia as well as from the United Kingdom, Canada and New Zealand.
Roderick (Rod) Joyce QSO QC commenced practice as a barrister sole in 1975 and was appointed Queen’s Counsel in 1985. He served as Judge of the District Courts of New Zealand from 1993 to 2014, and was a member of the New Zealand Rules Committee between 2002 and 2011. Rod is currently a Delegate of the Legal Complaints Review Office of the New Zealand Ministry of Justice, an Academic Fellow at the Faculty of Law of the University of Auckland, and a Continuing Legal Education instructor at the New Zealand Law Society. He is also General Editor of Thomson Reuters New Zealand product: Civil Procedure: District Courts and Tribunals. Before his service as a judge, Rod appeared in a wide range of civil and criminal cases at all court levels in New Zealand, as well as before the Privy Council in London prior to the establishment of the New Zealand Supreme Court. He has been actively involved in legal education for the last 20 years. In 2013, he was made a Companion of the Queen’s Service Order for services to the judiciary.
Michael Legg is a Professor at UNSW Law. He specialises in complex civil litigation, including regulatory litigation and class actions. He has written extensively on civil procedure and class actions. He holds law degrees from UNSW and the University of California, Berkeley and is admitted to practice in Australia (NSW) and the United States (New York Bar). Michael is a member of the Law Council of Australia’s Class Actions Committee.
Dr James Metzger
Dr Genevieve Grant
Case Notes Editor
Louise Beange, Solicitor
Court Watch Editor
Dr Bernard Cairns, Adjunct Associate Professor of Law, University of Tasmania
John Emmerig, Partner, Jones Day
Australian Capital Territory
Professor Peta Spender, Professor of Law, Australian National University; Presidential Member, ACT Civil and Administrative Tribunal (ACTCAT)
New South Wales
Professor Michael Legg, Faculty of Law, University of New South Wales
Professor Bobette Wolski, Associate Professor of Law, Bond University
Edward Stratton-Smith, Barrister, South Australian Bar
Chris Gunson, Barrister, Tasmanian Bar
Katja Levy, Special Counsel, Squire Patton Boggs; Barrister, Western Australian Bar
Professor Trevor Farrow, Professor, Osgoode Hall Law School, Toronto, Canada; Director of Clinical Legal Education, Osgoode Hall Law School, Toronto, Canada; Chair, Canadian Forum on Civil Justice
Roderick Joyce QSO QC,Legal Complaints Review Office Delegate, New Zealand Ministry of Justice; Honorary Academic Fellow, University of Auckland, Faculty of Law; Continuing Legal Education Instructor, New Zealand Law Society.
William Fotherby, Principal, Meredith Connell; Barrister and Solicitor, New Zealand Bar
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For the individual contents pages for each Part, click here.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Civil Procedure Act 2010 (Vic): Some Reflections on Civil Justice and the Need for Further Reform” – Peter Cashman; “Changing the Culture of Litigation in Victoria: Ten Years of the Civil Procedure Act 2010 (Vic)” – Corey Byrne; “Should Uniform Civil Case Management Principles ‘Overarch’ or ‘Override’? Comparing Victorian and New South Wales Active Case Management After a Decade of the Civil Procedure Act 2010 (Vic)” – Sonya Willis; and “Evaluating the Impacts of the Civil Procedure Act 2010 (Vic): Critical Disclosure and Unanswered Questions” – Genevieve Grant and Esther Lestrell. Also in this Part is an Editorial: “Commemorating 10 Years of the Civil Procedure Act 2010 (Vic)”.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Concepts of Loss and Proving Hypotheticals in Misleading or Deceptive Conduct” – Benjamin Teng and Andrew Simpson; and “Once Privileged, Always Privileged? An Exploration into the Applicability of Legal Professional Privilege to Inquisitorial Proceedings in New Zealand” – James Anson-Holland. Also in this Part are the following sections: Editorial: “A Civil Case Made Notable by the Notoriety of a Criminal Case: Burnett v International Insurance Co of Hanover Ltd” – Roderick Joyce QSO QC; and “Disregarding the Pleadings at Trial” – Michael Legg; Case Notes: “The Stema Barge II – ‘Manager’ or ‘Operator’?” – Kate Rouch; and “Privacy – Celebrity and Personal Correspondence in the United Kingdom High Court: HRH The Duchess of Sussex v Associated Newspapers Ltd” – Lydia Wilson; and Court Watch: “Bias and Procedural Fairness at Trial” – Bernard Cairns.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Legislating for Common Sense: The Case for (Re)Enacting Pt 2A of the Civil Procedure Act 2005 (NSW)” – John Woodward; and “After the Event Insurance and Security for Costs: Inconsistency in the Australian Approach” – Daniel Meyerowitz-Katz. Also in this Part are the following sections: Editorial: “Briginshaw and Finding Serious Allegation Proved on the Balance of Probabilities” – Michael Legg; and “The Civil Standard of Proof in New Zealand” – Roderick Joyce QSO QC; and Case Notes: “The Federal Court of Australia Limits Orders for Security for Costs in Industrial Class Actions” – Daniel Moloney and Corey Byrne; and “Supreme Court Orders First Opt-Out Class Action in New Zealand: Southern Response Earthquake Services Ltd v Ross” – Nikki Chamberlain.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Digital Property Revisited” – David J Harvey; and “Drawing a Line in the Sand – Private International Commercial Arbitrations and United States Judicial Assistance Pursuant to 28 USC § 1782” – Joshua Kang and Michael Legg. Also in this Part are the following sections: Editorial: “A Significant COVID-19 Court Case” – Roderick Joyce QSO QC; and “The COVID-19 Pandemic and Courts as Essential Services” – Michael Legg; and Case Notes: “Inghams Enterprises v Hannigan – Do Not Play Chicken with Imprecise Drafting” – Jeremy Quan-Sing, Jonathan Light and Caroline Swartz-Zern; and “Proprietary Rights to Fish: Borwick Development Solutions Ltd v Clear Water Fisheries Ltd” – Brittany Rorrison and William Fotherby.
CALL FOR SUBMISSIONS for Special Issue on the 10th Anniversary of the Victorian Civil Procedure Act 2010
The Civil Procedure Act 2010 (Vic) was enacted 10 years ago and commenced operation on 1 January 2011. It was an Act aimed at reforming and modernising the laws, practice, procedure and culture for the resolution of civil disputes in Victoria. The Editors invite submissions on the ground-breaking reforms encapsulated in the State of Victoria’s Civil Procedure Act.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Artificial Intelligence and Litigation – Future Possibilities” – Don Farrands; and “The Impact of Self-represented Litigants on the Administration of Justice in the Federal Court of Australia” – Emma Garrett. Also in this Part are the following sections: Editorial Comments on “COVID-19 and Online Courts” – Michael Legg and “The Seven Tenets of Civil Justice” – Roderick Joyce QSO QC; Case Notes: “Morality in Price Fixing: Lodge Real Estate Ltd v Commerce Commission” – Stephen Rankin; and New Zealand Watch: “Courts and COVID-19: Delivering the Rule of Law in a Time of Crisis” – David Harvey.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Litigation Funding of Class Actions Approved in Queensland while Maintenance and Champerty Remain the Law” – Wayne Attrill; and “Documents Within Reach: Discovery “Powers”” – Alexander Sloan. Also in this Part are the following sections: Editorial Comments on “Lawyers to Be Able to Take Percentage of Class Action Damages in Victoria but Questions Remain” – Michael Legg and “”People Who Live in Glass Houses”: Fearn v Tate Gallery Board of Trustees” – Roderick Joyce, QSO, QC; and Case Notes: “The End of the Chorley Exception in Australia: Bell Lawyers Pty Ltd v Pentelow” – Benjamin Teng and “Craig v Williams: Allegations of Apparent Bias” – Matthew Mortimer.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Piloting Online Dispute Resolution Simulations for Law Students Studying Alternative Dispute Resolution: A Case Study Using Modria Software at Victoria University” – Nussen Ainsworth, Colin Rule and John Zeleznikow; and “Using ADR Techniques to Enhance the Integrity and Utility of Expert Evidence” – Fleur Y Kingham. Also in this Part are the following sections: Editorial Comments on “Barristers’ Fees – a Reaffirmation of Traditional Obligations in New Zealand” – Roderick Joyce QSO QC and “Case Management and Judicial Bias” – Michael Legg; and Case Notes: “Apparent Authority in the Privy Council: East Asia Company Ltd v PT Satria Tirtatama Energindo” – William Fotherby.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “An Argument for Abolishing the Right to Civil Appeal” – Mark J Rankin; and “Representative Party Standing and Sub-Groups in New South Wales Class Actions” – Michael Legg and Laura Uptin. Also in this Part are the following sections: Editorial Comments on “Costs” – Michael Legg and “What Did the Court Actually Say? – Judicial Clarity” – Roderick Joyce QSO QC; and Case Notes: “Suing Unknown Defendants: Cameron v Liverpool Victoria Insurance Co Ltd  UKSC 6,  1 WLR 1471” – William Fotherby and “Sargeant v FSS Trustee Corporation and MetLife Insurance Ltd  NSWSC 1997 (21 December 2018)” – Jeremy L Harrison.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Court Review of the Decisions of the Australian Financial Complaints Authority and Its Predecessors” – Ian Ramsay and Miranda Webster; and “Legal Professional Privilege in the Third-Party Funding Context” – Nathan Landis. Also in this Part are the following sections: Editorial Comments on “The Courts and Our Daily Lives” – Roderick Joyce QSO QC and “Technology and Civil Justice” – Michael Legg; Case Notes: “Newling v FSS Trustee Corp (No 2)  NSWSC 1405” – Jeremy L Harrison; and Book Review: “Friston on Costs (3rd Ed), by Mark Friston” – Roger Quick and Stephen Warne.