The latest Part of the Journal of Judicial Administration publishes the following articles: “Trying serious offences by judge alone: Towards an understanding of its impact on judicial administration in Australia” – Fiona Hanlon; “Courting justice beyond the cityscape: Access to justice and the rural, regional and remote magistrates’ courts” – Bridget Harris, Lucinda Jordan and Lydia Phillips; “Affordable costs in civil litigation” – Dr Andrew J Cannon AM; and “Summoned by social media: Why Australian courts should have social media accounts” – Marilyn Krawitz.
The latest Part of the Journal of Civil Litigation and Practice includes three interesting articles on different topics. The first article is by The Honourable Justice PA Bergin and looks at the objectives, scope and focus of mediation legislation in Australia. The second article comes from Tania Sourdin and Naomi Burstyner, who explore the impact of pre-action requirements on civil litigation. The final article, by Marilyn Krawitz, argues that uniform, standalone national guidelines about lawyers’ social media use are necessary. There is also a Comments section and a case note about Aquila Coal Pty Ltd v Bowen Central Coal Pty Ltd  QSC 82.
LITIGANTS IN PERSON by Damien Cremean Litigants in person are a growing phenomenon across all jurisdictions, at all levels, and in all sorts of cases. It is hard to know how this has come about. Litigants have always been able to present their own cases but them doing so has become far more frequent. The ...more
The final Part of Volume 1 of the Journal of Civil Litigation and Practice publishes the following material: “Civil procedure and commercial arbitration reforms in Victoria” – Hon Robert Clark, Attorney-General of Victoria; “Appellate judgments – the need for clarity” – Justice James Allsop; “Some ethical issues: A view from the bench” – Hon Justice John Griffıths; “Remedies in commercial litigation” – Justice Robert McDougall; “How to conduct a hearing” – Hon Peter Heerey AM QC; and “In locals we trust – foreigners pay cash: Rethinking security for costs against foreign residents” – Michael John Raine.
(Published in Vol 1 Pt 4 (Dec 2012) of the Journal of Civil Litigation and Practice) By Damien Cremean If anyone researches the area of freedom of information (FOI) one will encounter nine different regimes – all dealing with the same subject: FOI. Although all deal with the same subject, each does so differently to the ...more
The April 2012 issue of the Australian Law Journal features articles on the demise of civil litigation, the ways in which appellate courts discharge their functions in civil cases and the civil standard of proof and the “test” in Briginshaw v Briginshaw (1938) 60 CLR 336. The sections cover a diverse range of topics including overseas adoptions, “independent” hospital boards, contract interpretation and conveyancing, personal equities, state immunity, property in preserved sperm, effect of dissolution on partnerships and vicarious liability, plus much more!
The first ever issue of the Journal of Civil Litigation and Practice includes several interesting articles and sections on a wide range of topics. There are articles on the importance of early identification of issues in litigation, efficiency and cost in different legal cultures, security for costs against impecunious plaintiffs and preliminary discovery, discovery to identify a party and non-party discovery. There is also a book review and a Comments section. This new journal is not to be missed!