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The latest issue of the Journal of Civil Litigation and Practice (Volume 11 Part 1) contains the following material:

EDITORIAL – AUSTRALIA – General Editor: Professor Michael Legg

  • The Rise of the Referee

EDITORIAL – NEW ZEALAND – General Editor: Roderick Joyce QSO KC

  • Age of Entitlement to Vote – The Supreme Court of New Zealand – Litigation Trends – Access to Justice

Articles

Expert Assistance for the Court from Specially Qualified Persons – Justice David Hammerschlag

The power of the court under r 31.54(1) of the Uniform Civil Procedure Rules 2005 (NSW) to obtain the assistance of a specially qualified person does not provide for disclosure to the parties. As a result, the following question is left unanswered: how secret can it be? This article considers the relationship between the procedural rule that empowers the court to obtain confidential expert assistance and the requirement for the court to afford the parties procedural fairness.

The Breadth of the Power to Make Worldwide Freezing Orders: Deputy Commissioner of Taxation v Huang – Rhea Thrift

The recent decision of the High Court of Australia in Deputy Commissioner of Taxation v Huang, majority appears to have preferred practicality over principle in granting a worldwide freezing order in respect of assets outside of Australia where there were no prospects of enforcing any eventual judgment. In dissent, Edelman J determined that such an order could not be made for the purposes of the power to grant freezing orders. This article argues that the majority decision was correct and is in accordance with the theoretical underpinnings of the purpose to make freezing orders.

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

  • Crown Entities and Artificial Limbs – Kate Rouch

BOOK REVIEW

  • The Bodyguards of Lies – Lawyers’ Power and Professional Responsibility, by Christopher Whelan – Reviewed by Roderick Joyce QSO KC

For the PDF version of the table of contents, click here: New Westlaw Australia – JCivLP Vol 11 No 1 Contents.

Click here to access this Part on New Westlaw AU

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