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, Associate, Dechert LLP; 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: “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.
The latest Part of the Journal of Civil Litigation and Practice publishes the following articles: “Reasonable and proportional discovery in the digital paradigm: The role of lawyers and judges in the context of the New Zealand discovery rules” – David Harvey; “‘A different day in court’: Exploring the place of judicial mediation in Ontario’s alternative dispute resolution landscape” – Nicole Aylwin and Trevor C W Farrow; and “The system of employment rights dispute in Ireland” – Caroline Bergin-Cross. There is also a Comments section and case notes for the following cases: Cash Converters International LTD v Gray and Electricity Generation Corporation (t/as Verve Energy) v Woodside Energy Ltd.
The Journal of Civil Litigation and Practice is vital reading for all civil dispute practitioners. It uniquely brings together analysis and discussion of many issues in practice, procedure and litigation, and provides a forum to address fundamental change in those areas. The Journal has a broad, practical scope, and is now welcoming articles, comments, case notes and ...more
The latest Part of the Journal of Civil Litigation Law and Practice publishes the following articles: “Project management in legal practices: Practical lessons from the e-Discovery workflow” – Tomoyuki Hachigo; “Playing fair: When advocates’ immunity is out of court” – Linda Haller; “Class action settlement in Australia: A regulatory work in progress?” – Anna Harley; and “Client legal privilege, discovery and Expense Reduction in the information age” – Michael Legg. There is also a Comments section.
Thomson Reuters is pleased to announce the appointment of Roderick (Rod) Joyce QSO QC as Assistant Editor of the Journal of Civil Litigation and Practice. Mr Joyce’s appointments include: Barrister sole 1975-1985; Queen’s Counsel 1985-; Judge of the District Courts of New Zealand 1993-2014; Honorary Academic and Professional Teaching Fellow in Civil Procedure, University of ...more
The latest Part of the Journal of Civil Litigation and Practice publishes the following articles: “The future for employment dispute resolution” – Caroline Bergin-Cross; “Recent developments in expert evidence in Victoria” – Albert Monichino SC; and “Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management & Marketing Pty Ltd: Implications for case management obligations and the doctrine of waiver” – Jocelyn Williams. Also in this Part is a Comments section and a case note.