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221 Pages Complete Study Notes Year: Pre-2021

1. INTRODUCTION TO CIVIL PROCEDURE 3 Important CPA Provisions 4 Court system 6 Open justice 7 Principle of a fair trial 8 Directions 12 The application of CPA and UCPR 16 Ethical requirements 19 Practice Note Supreme Court CL 5 19 2. ALTERNATIVES TO LITIGATION 21 Settlement 23 Types of ADR 23 Negotiation 24 Mediation 26 3. COURT-ANNEXED MEDIATION 27 4. ARBITRATION 29 Definition 29 Compulsory arbitration 29 Incentives to settle 31 5. LIMITATION PERIODS 32 6. FREEZING ORDERS a.k.a Mareva injunctions/orders 36 Definition 36 Search Orders a.k.a. Anton Piller Orders 44 Practice Note SC General 13 - Requirements 45 7. COSTS AND SECURITY FOR COSTS 50 Security for costs 62 8. FUNDING LITIGATION 68 9. SETTLEMENT NEGOTIATION PRIVILEGE 73 10. PLEADINGS 80 The originating process 80 (a) Statement of Claim 82 (b) Summons & Important aspects of originating process 83 (c) Reasonable Prospects of success! 85 (d) Appearance 89 (e) Pleadings 90 (f) Relief is restricted to the case pleaded 91 (f) Material Facts 95 (g) Evidence/Surprise 96 (h) No trial by Ambush 97 (i) Verification 97 (j) Particulars 99 11. SERVICE 104 (a) Service of documents generally 104 (b) Service of originating process 106 (i) Personal Service 107 (ii) Service constituting personal service 108 (iii) Service by agreement, acknowledgement or undertaking 110 (iv) Acceptance of service by solicitor 110 (v) Substituted and informal service 111 (vi) Confirmation of Informal Service 116 (vii) Waiver of objective to service 116 (viii) Service BEYOND THE JURISDICTION 116 (ix) Service OUTSIDE NSW, WITHIN AUSTRALIA 117 (x) SERVICE OVERSEAS 119 (xi) UCPR Pt 11 119 (xii) Service by PRIVATE MEANS 120 (xiii) Service by DIPLOMATIC CHANNELS 126 (xvi) Service overseas: using HAGUE CONVENTION 127 12. DISCOVERY etc. 128 1. CAUSES OF ACTION 128 2. DISCOVERY 148 3. DISCOVERY AND TECHNOLOGY 165 4. IMPLIED UNDERTAKING 174 5. SUBPOENAS 176 13. REPRESENTATIVE PROCEEDINGS (CLASS ACTIONS) 191 14. WITNESS PREPARATION AND AFFADAVITS 191 15. OFFERS OF COMPROMISE AND CALDERBANK LETTERS 203 16. SUMMARY DISPOSAL Error! Bookmark not defined. 17. ENFORCEMENT AND EXECUTION OF JUDGMENT Error! Bookmark not defined. 18. APPEAL Error! Bookmark not defined.


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