Journal of Civil Litigation and Practice update: Vol 7 Pt 2 (Special Issue)
This issue of the Journal of Civil Litigation and Practice is a Special Issue focused on “Civil Justice”. Containing a collection of articles presented at the Civil Justice Forum held at RMIT University on 13 and 14 February 2018, this issue covers the following: “Suppression and Non-publication Orders in Civil Litigation” – BC Cairns; “Pre-action Requirements in Medical Negligence Matters” – Tania Sourdin, Margaret Castles and Madeline Muddle; “Could Civil Case Management Benefit from a Litigant Vulnerability Assessment Scheme?” – Sonya Willis; and “Processes for Disputing Liability to Pay Workers’ Compensation for Psychological Injury” – Olivia Rundle, Megan Woods and Laura Michaelson. Also in this part is the Editorial Comment and the following Case Notes: “ARB – MED – ARB: Ku-Ring-Gai Council v Ichor Constructions Pty Ltd [2018] NSWSC 610” – Brigitte Gasson; and “Rozenblit v Vainer (2018) 92 ALJR 600; [2018] HCA 23: Order for Stay of Proceedings in the Case of the Impecunious Plaintiff” – Ella Howard.
Australasian Dispute Resolution Journal update: Vol 29 Pt 1
The latest Part of the Australasian Dispute Resolution Journal includes the following articles: “Will Somebody Please Think of the Children?! Child Focused and Child Inclusive Models in Family Dispute Resolution” – Dr Hadeel Al-Alosi; “Apologies, Mediation and the Law: Resolution of Civil Disputes” – Robyn Carroll, Alfred Allan and Margaret Halsmith; “The Field of Dreams” – Judge Joe Harman; “Default Proceedings in Arbitration” – Low Sze Hui Jasmine; “Costs, Claims and Counter-claims or Victims, Vindication and Victory: The “Real Issue” and the Case for Mediation in Von Marburg v Aldred (No 3)” – André Retrot; and “The Mediating Brain” – Benjamin Allen and Tania Sourdin. It also contains Case Notes: “Restraining Solicitors from Acting in Post-Mediation Proceedings; and Mediation Media Watch” – Professor David Spencer.
Journal of Judicial Administration update: June 2016
The latest Part of the Journal of Judicial Administration includes the following articles: “The corporate transformation of the courts: Towards a judicial board of executive directors” – Tin Bunjevac; “Family reports and family violence in Australian family law proceedings: What do we know?” – Dr Rachael Field, Dr Samantha Jeffries, Zoe Rathus AM and Angela Lynch; “Barriers to unbundled legal services in Australia: Canvassing reforms to better manage self-represented litigants in courts and in practice” – Margaret Castles; “Why do some civil cases end up in a full hearing? Formulating litigation and process referral indicia through text analysis” – Naomi Burstyner, Tania Sourdin, Chinthaka Liyange and Bahadorreza Ofoghi; and “Keeping the peace? Justices of the Peace as judicial decision-makers in regional Western Australia” – Claire Stimpson.
Journal of Judicial Administration update: December 2015
The latest Part of the Journal of Judicial Administration includes the following articles: “Assessing the adequacy of judicial complements” – Judith Bellis, Catherine McKinnon and David Murchie; “Inefficiencies of court administration despite participants’ goodwill” – Ludmila Stern, Uldis Ozolins and Sandra Hale; “Justice and technological innovation” – Tania Sourdin. There is also a review of the following book: “Non-Adversarial Justice” by Michael King, Arie Freiberg, Becky Batagol and Ross Hyams.
The challenge of the unrepresented litigant: This month in JJA
The unrepresented (or self-represented) litigant is an increasingly common sight in Australian courts and tribunals. While some people choose to represent themselves in legal proceedings, others are compelled to do so by cost, chance, or some other reason. Whatever their motivation, unrepresented litigants present a unique set of challenges to the administration of justice, and ...more
Journal of Judicial Administration update: August 2014
The first Part of Volume 24 of the Journal of Judicial Administration is a special issue on assisting unrepresented litigants and includes the following articles: “Litigants in person: Guidelines for the Federal Circuit Court” – Stephen H Scarlett RFD; “The self-represented litigant in the Court of Appeal, Supreme Court of Queensland” – The Hon Justice Margaret McMurdo AC; “Self-represented parties and court rules in the Queensland courts” – Iain McCowie; “Self-represented litigants and strata title disputes in the State Administrative Tribunal: An experiment in accessible justice” – Bertus de Villiers; “Model no more: Querulent behaviour, vexatious litigants and the Vexatious Proceedings Act 2005 (Qld)” – Narelle Bedford and Monica Taylor; and “The dilemmas posed by self-represented litigants: The dark side” – Tania Sourdin and Nerida Wallace.
Celebrating the 25th Volume of the Australasian Dispute Resolution Journal
The Australasian Dispute Resolution Journal (ADRJ) starting publishing in February 1990, and this year has reached its 25th volume. The first ever issue opened with a foreword by the Honourable Sir Laurence Street, who noted: Alternative Dispute Resolution procedures … fill a legitimate place in society’s armoury for the resolution of disputes. They are being ...more
Journal of Civil Litigation and Practice update: July 2013
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 [2013] QSC 82.
Journal of Judicial Administration update: April 2013
The last Part of Volume 22 of JJA publishes the following articles: “Misconceptions or expert evidence in child sexual assault trials: Enhancing justice and jurors’ “common sense”” – Annie Cossins and Jane Goodman-Delahunty; “Mind the gap: Making evidence-based decisions about self-represented litigants” – Elizabeth Richardson and Tania Sourdin; “Solution-focused court programs for mentally impaired offenders: What works?” – Michelle Edgely; and “The constitutionality of minimum mandatory sentencing regimes: A rejoinder” – Andrew Hemming.
Australasian Dispute Resolution Journal update: November 2012
The latest Part of ADRJ includes several interesting articles canvassing a wide range of topics, including international arbitration in Australia, the common law requirement of “good faith”, child-inclusive mediation, legal fairness in ADR processes, judicial mediation in Indonesia and the effectiveness of customary arbitration as a peace-making mechanism in Nigeria. There is also a case note, a Vale for Professor Roger Fisher, a review of a DVD of simulated mediation produced by La Trobe University and a book review.
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