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The latest issue of the Journal of Civil Litigation and Practice (Volume 10 Part 3) contains the following material:

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

  • A Useful Overview of an Important Aspect of Class Actions by the United Kingdom Supreme Court – Roderick Joyce QSO QC
  • Finality in Australian Litigation – Michael Legg

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Articles

The Element of Good Faith as a Framework for Ethical Practice in Court-connected Mediation – Dr John Woodward

The growth of mediation as a dispute resolution process when conducted in the shadow of the law has witnessed an increase in calls for the development of a code of ethics for guidance of the legal profession in mediation practice. This article identifies the source of ethical requirements for lawyers practicing mediation in Australia and considers the notion of “good faith” as a basis upon which to formulate a framework for ethical practice by lawyers in court-connected mediation.

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A Final Resolution to the Question of Leave to Appeal from Costs Orders in the Federal Court – Brandon Smith and Andrew Ray

Given recent and divergent court decisions, whether a party requires leave to appeal from a final costs order in the Federal Court of Australia remains unclear. On one view, such orders are interlocutory in nature, with leave to appeal required by the operation of s 24(1A) of the Federal Court of Australia Act 1976 (Cth). On the other, however, costs orders made at the final disposition of the proceeding (or which finally determine any outstanding costs issues in dispute) may fall outside traditional conceptions of “interlocutory orders”. If correct, the latter view would expose parties (and the Court) to significant and protracted delays where parties would be able to delay the finalisation of (and possibly fragment) proceedings by appealing costs orders to the Full Court. This article analyses the current treatment of costs orders in the Federal Court, with regard to historic jurisprudence concerning the definitions of interlocutory and final orders. It argues that leave to appeal from costs orders should be necessary and legislative amendment is required to put the issue beyond dispute.

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CASE NOTE – Editors: Roderick Joyce QSO QC, Professor Michael Legg and William Fotherby

  • The Harman Undertaking in Australia: Jones v Treasury Wine Estate Ltd – Jenny (Ji Yeon)

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COURT WATCH – Editor: Bernard Cairns

  • Service Outside the Jurisdiction and Electronic Subject Matter – Bernard Cairns

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For the PDF version of the table of contents, click here: Westlaw AU – JCivLP Vol 10 No 3 Contents or here: New Westlaw Australia – JCivLP Vol 10 No 3 Contents.

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