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Topic 2: Pleading and Joinder of claims and parties, representative and class actions

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Introduction Each Australian jurisdiction has provisions derived from the English Judicature Act 1873 (UK) s 24(7) designed to avoid multiplicity of proceedings and inconsistency of result, and to promote finality in litigation. Example: section 29 Supreme Court Act 1986 (Vic); section 63 Supreme Court Act 1970 (NSW) – see section pg 18 Such a provision should be liberally construed – Roberts v Gippsland Agricultural and Earth Moving Contracting Pty Ltd [1956] Note: Rules regarding Joinder of parties and causes of action, cross claims, counterclaims, and third party proceedings  High Court Rules 2004 Part 21 -- Parties  Federal Court Rules Part 9 Uniform Civil Procedure Rules

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35 Pages Partial Study Notes > 2 Years old
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Topics this document covers:
Law Civil law common law) Civil procedure Common law Joinder Res judicata Estoppel Federal Rules of Civil Procedure Lawsuit Default judgment Motion High Court
This is a Partial Set of Study Notes

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Topics this document covers:
Law Civil law common law) Civil procedure Common law Joinder Res judicata Estoppel Federal Rules of Civil Procedure Lawsuit Default judgment Motion High Court
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Example: section 29 Supreme Court Act 1986 (Vic); section 63 Supreme Court Act 1970 (NSW) – see section pg 18 Such a provision should be liberally construed – Roberts v Gippsland Agricultural and Earth Moving Contracting Pty Ltd [1956] Note: Rules regarding Joinder of parties and causes of action, cross claims, counterclaims, and third party proceedings • High Court Rules 2004 Part 21 -- Parties • Federal Court Rules Part 9 Uniform Civil Procedure Rules 2006 (NSW) part 6 division 5 and 6 Part 6 – Commencing proceedings and appearance Division 5 – Joinder of causes of action and joinder of parties 6.18 Joinder of causes of action (cf SCR P...
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