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. 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, 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 and Teaching Fellow in Civil Procedure 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 two Thomson Reuters New Zealand products: Civil Procedure: District Courts and Tribunals, and Civil Litigation Workflow. 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.
Case Note Editor
Domenic Cucinotta, Solicitor, King & Wood Mallesons
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
Michael Legg, Associate Professor, 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
Special Counsel, Squire Patton Boggs; Katja Levy, 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, Delegate, Legal Complaints Review Office, New Zealand Ministry of Justice; Academic and Teaching Fellow, Civil Procedure, University of Auckland Faculty of Law; Continuing Legal Education Instructor, New Zealand Law Society.
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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: “The Alluring Promises of Technology-assisted Review” – Elijah Pear. Also in this Part are the editorial Comments on “New Zealand Lawyer-Litigants to be Treated Regarding Costs Just Like Other Unrepresented Litigants” and “Miiko Kumar: General Editor”; and Case Notes.
The latest Part of the Journal of Civil Litigation and Practice includes a new series of articles: “Selected blogs: The Trump litigation” based on the edited blogs of the jurist, Sir Henry Brooke CMG PC, retired Vice-President of the Civil Division of the Court of Appeal of England and Wales. This Part also includes the following articles: “Restraining a lawyer from acting in aid of the administration of justice – exceptional circumstances and caution prevail” – Ian Dallen; and “The role of judges in a representative democracy” – Lord Mance. Also in this Part is the editorial Comment and the following sections: Case note: The RBS Rights Issue Litigation  WLR (D) 657;  EWHC 3161 (Ch) – by William Fotherby.
The latest Part of the Journal of Civil Litigation and Practice includes a Tribute to the Founding Editor of the Journal, Dr Damien Cremean, marking his retirement from the Journal. This Part also includes the following article: “When does a consent order operate as or evidence a contract?” – Alexander Sloan. Also in this Part are Editorial Comments and Case Notes.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Three contemporary issues in civil litigation: Discovery, expert evidence, and alternative dispute resolution” – The Honourable Thomas Frederick Bathurst AC; “Civil justice: Haves, have-nots and what to do about them” – Justice Stephen Kós; and “Disaster & resilience: The Canterbury earthquakes and their legal aftermath” – Justice Stephen Kós. Also in this Part are the editorial Comments on “Experts and Opinion Evidence” – Damien J Cremean; and “A Question of Malice: United Kingdom Supreme Court Justices Split 5-4 in Willers v Joyce (Executors of Albert Gubay Deceased)  UKSC 43” – Roderick Joyce.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “From Susskind to Briggs: Online court approaches” – David Harvey; “Validity of asymmetric jurisdiction agreements in England, Australia and New Zealand” – David Birch; and “Mediator standards of conduct: A commentary to the revised National Mediator Accreditation System Practice Standards” – Bobette Wolski. Also in this Part are the editorial Comments and the following sections: Case notes: Aircraft Support Industries Pty Ltd v William Hare UAE LLC (2015) 298 FLR 183;  NSWCA 229 – by James Argent; and Firebird Global Master Fund II Ltd v Republic of Nauru (2015) 90 ALJR 228;  HCA 43 – by Domenic Cucinotta and James Argent.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Class actions in New Zealand: The necessity for introducing a class action regime” – Chris Patterson; “Security for costs for corporate plaintiffs: Is constrained judicial discretion impeding access to justice?” – Rebecca Wheeler; and “Exploring eCourt innovations in New South Wales civil courts” – Philippa Ryan and Maxine Evers. Also in this Part are the editorial Comments and the following sections: Court watch: “The overarching objective in practice” – Dr Bernard Cairns; and Case note: Kings College Hospital NHS Foundation Trust v C  EWCOP 80; Seales v Attorney General  NZHC 1239 – by William Fotherby.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “A trial of preliminary issues” – Katja Levy; and “From NW Frozen Foods to CFMEU via Ingleby and Barbaro: Changing judicial attitudes to ‘agreed’ civil penalties” – Grant Mason. Also in this Part are the following case notes: Blairgowrie Trading Ltd v Allco Finance Group Ltd (Receivers & Managers Appointed) (in liq)  FCA 811 – by James Argent; Pavlovic v Universal Music Australia Pty Ltd  NSWCA 313 – by Domenico Cucinotta; and a presentation delivered at the Commercial Law Association Judges’ Series on 26 June 2015, Sydney: “Construction of contracts: The High Court’s approach” – by The Hon Justice Robert McDougall.
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “The litigation contract: The future roles of judges, counsel and lawyers in litigation” – Hon Marilyn Warren AC; “The application of statutory time limitation provisions by analogy to claims in equity’s exclusive jurisdiction” – Adrian O’Dea and Philippa O’Dea; and “A functional approach to teaching pleadings” – Margaret Castles. Also in this Part is a case note by Michael Legg, Greta Gingell and John Emmerig for the following case: Hodges v Waters (No 7)  FCA 264.
The latest Part of the Journal of Civil Litigation and Practice includes the following content: Comments: “Montgomery v Lanarkshire Health Board: Doctors’ duty of disclosure”; and “Vidal-Hall v Google Inc: Misuse of private information recognised as a tort?”; Case notes: “Giedo van der Garde BV v Sauber Motorsport AG (2015) 294 FLR 367;  VSC 80: The need for speedy enforcement”; “Selig v Wealthsure Pty Ltd (2015) 89 ALJR 572;  HCA 18: High Court of Australia limits federal proportionate liability regimes to misleading or deceptive conduct”; and “Re Felicity (No 4)  NSWCA 19: Costs orders against a solicitor for serious incompetence”; and Articles: “Commercial litigation in Australia: An empirical study” – Asjeet S Lamba and Ian Ramsay; and “Communications by counsel” – Richard Lilley and Justin Carter.
The last Part of Volume 3 of the Journal of Civil Litigation and Practice includes the following articles: “Re-assessment of QCAT’S hybrid hearing and arb-med-arb under s 27D of the Commercial Arbitration Act” – Bobette Wolski; and “Awarding security for costs: Is an indemnity in a defendant’s favour relevant?” – Petria Comino. Also in this Part are case notes for the following case: Brookfield Multiplex v Owners – Strata Plan No 61288 (2014) 88 ALJR 911; Murray v Wishart  NZCA 461; and Pioneer Energy Holdings v Seth  NSWSC 492.