*Please note that the links to the content in this Part will direct you to Westlaw AU.

To purchase an article, please email: [email protected] or contact us on 1300 304 195 (Australian customers) or +61 2 8587 7980 (international customers) during business hours (Mon-Fri, 8am-6pm AST).

The latest issue of the Journal of Civil Litigation and Practice (Volume 8 Part 2) contains the following material:

EDITORIAL – General Editors: Roderick Joyce QSO QC and Professor Michael Legg

  • Costs – Michael Legg
  • What Did the Court Actually Say? – Judicial Clarity – Roderick Joyce QSO QC


An Argument for Abolishing the Right to Civil Appeal – Mark J Rankin

In most jurisdictions in Australia there exists a right to appeal final orders, but leave must be sought to appeal interlocutory orders. This article argues that the theoretical distinction between final and interlocutory orders is not sufficiently precise to justify the significant implications, in terms of rights to appeal, attendant upon that distinction. Accordingly, the article advocates abolishing the right to civil appeal – thereby removing the impact of this distinction – and offers a critique of the relatively recent Victorian legislation that has achieved this, in order to develop a legislative template for other jurisdictions to follow.

Representative Party Standing and Sub-Groups in New South Wales Class Actions – Michael Legg and Laura Uptin

The decision in Fernandez v New South Wales [2019] NSWSC 255 addresses novel questions relating to the operation of class actions in the state of New South Wales. His Honour Garling J considered whether, in a situation where there are multiple defendants to representative proceedings, it is necessary that a class representative have a claim against each defendant to the proceedings. His Honour also considered whether s 161(1) of the New South Wales class actions legislation applies to sub-groups. The answers to these questions have implications for the promotion of efficiency and the protection of the rights of group members in representative proceedings.

CASE NOTES – Editor: Louise Beange

  • Suing Unknown Defendants: Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6, [2019] 1 WLR 1471 – William Fotherby
  • Sargeant v FSS Trustee Corporation and MetLife Insurance Ltd [2018] NSWSC 1997 (21 December 2018) – Jeremy L Harrison

For the PDF version of the table of contents, click here: JCivLP Vol 8 No 2 Contents.

Click here to access this Part on Westlaw AU

For general queries, please contact: [email protected].