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Principles of Civil Procedure in Queensland

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Principles of Civil Procedure in Queensland

Bernard Cairns

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Overview

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The fundamentals of all Australian civil jurisdictions are substantially the same, but each jurisdiction is still unique and has its own particular characteristics. This new book by the well-regarded author of Australian Civil Procedure (now in its tenth edition) puts the fundamentals of the civil litigation system into a Queensland context. Principles of Civil Procedure in Queensland is intended for students studying civil procedure or civil litigation. All topics prescribed for Civil Procedure for admission as a legal practitioner in Queensland are included in this book. Those topics discuss: the nature, sources and function of procedural law, including overriding objective justice and efficiencies; the structure of the Queensland civil court system and the civil jurisdiction of the Supreme Court, the District Court, the Magistrates Courts and the Queensland Civil and Administrative Tribunal; the process for commencing proceedings, including limitation periods, joining multiple plaintiffs and defendants, and selecting proper form of originating process; how to serve originating process, including outside of Australia; the Notice of Intention to Defend, effect of unconditional notice of intention to defend, challenging ineffective service and challenging jurisdiction where originating process is served outside Australia; pleadings (functions and rules), including admissions, non-admissions and denials, particulars of pleadings and striking out pleadings; amending court processes and pleadings; the disclosure of documents; interrogatories; objections to disclosing documents or answering interrogatories; non-party disclosure of documents; settlement, alternative dispute resolution, pre-court settlement procedures, offer to settle, contractual offers of settlement, compromise of action, consent judgment; default judgment; summary judgment; dismissal for want of prosecution; evidence, cases in special lists, subpoenas, experts and expert evidence; trial; costs, solicitor and client costs, party and party costs, misconduct of litigation, security for costs; appeals and new trials; enforcing judgments.

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