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75421 - Civil Litigation

32 Pages Complete Study Notes Year: Pre-2018

Lecture 1: Professional Responsibility Legal Practitioners “core” duties Solicitors Duties - Professional Conduct Rules Pre litigation responsibilities Civil Procedure Act Federal requirements Civil Dispute Resolution Act 2011 Duty to client – that arise simply out of the amendments ADR PROCESSES Civil Procedure Act Part 2A Pre-litigation protocols- 18C Pre-litigation requirements- Division 2-S18E CPA MEDIATION Process -oriented (facilitative) mediation. CONCILIATION Benefits of conciliation ARBITRATION Commercial Arbitration -Commercial Arbitration Act 1984 NSW Civil Arbitration- Civil Procedure Act 2005 NSW Part 5 Legal Profession Act 2004 (NSW) Civil Practice & Procedure in New South Wales Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 Case Management Schemes Lecture 2- Jurisdiction & the Rules Civil Jurisdiction & Uniform Civil Procedure Rules - Jurisdiction - Cross vesting - Service - Civil Procedure Act - Civil Procedure Rules - Practice Notes - Proof making Model 1. Keys to litigation drafting 2. Pleadings Relief PART 14 PLEADINGS 1. Case theory 2. Language in Pleadings 3. Particulars in Pleadings 4. Defences - Defences-content 5. Precedents 6. Amendments Other Documents Lecture 4 - Commencing Proceedings 7.Defence/cross claim/set-off 8 Particulars UCPR Part 15 Division 1 -General 9 Defects Lecture 5: Defending proceedings 1. Purpose of a defence 2. Pleading the defence 3. Preparing to defend 4. Formal requirements

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