EXAM chp 2 Litigation deternts, Costs and ADR.pdf - Friday,...

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Friday, 29 April 2016EXAM NOTESCase Management and other Alternative dispute resolutionsWhat iscase management?Case management is our current best tool for resolving the conflicts andmanaging the key issues in Civil Procedure.-Case management enables judges to play an increasingly important role in managinglitigation. The role of the Courts in cases prior to trial. e.g. Court ordered partytimetables.individual case management; how the judge manages your particular case — mostpeople talk about this case managementvs structural case management; practice notes and rulesDisciplinary element for breaches of the timetable, include costs orders againstsolicitorsProvided for inPart 6 of the Civil Procedure Act 2005(NSW) Provided for inPart 2of the Uniform Civil Procedure Rules 2005(NSW) *VERY important aspects oflitigationRule2.1 Directions and orders“The court may, at any time and from time to time, give such directions and make suchorders for the conduct of any proceedings as appear convenient (whether or notinconsistent with these rules or any other rules of court) for the just, quick and cheapdisposal of the proceedings.”-basically, can do whatever they want as long as it just quick and cheepUCPR rule 2.3 Case management by the court(cf SCR Part 26, rule 3)Without limiting the generality of rule 2.1, directions and orders may relate to any of thefollowing:(a) the filing of pleadings,(b) the defining of issues, including requiring the parties, or their legal practitioners, toexchange memoranda in order to clarify questions,(c) the provision of any essential particulars,1
Friday, 29 April 2016(d) the filing of “Scott Schedules” referred to in rule 15.2,(e) the making of admissions,(f) the filing of lists of documents, either generally or with respect to specific matters,(g) the delivery or exchange of experts’ reports and the holding of conferences ofexperts,(h) the provision of copies of documents, including their provision in electronic form,(i) the administration and answering of interrogatories, either generally or with respect tospecific matters,(j) the service and filing of affidavits, witness statements or other documents to be reliedon,(k) the giving of evidence at any hearing, including whether evidence of witnesses inchief must be given orally, or by affidavit or witness statement, or both,(l) the use of telephone or video conference facilities, video tapes, film projection,computer and other equipment and technology,(m) the provision of evidence in support of an application for an adjournment oramendment,(n) a timetable with respect to any matters to be dealt with, including a timetable for theconduct of any hearing,(o) the filing of written submissions.Civil Procedure Act 2005 (s 56-68)Look at CPA 2005 division 2; div 3; power to amend (s64) in Aon, power to adjourn orstay (66, 67) power to make or withdraw any order by application or its own motion (86)Case StudyAon v ANU – French CJ“24. ...Undue delay can undermine confidence in the rule of law. To that extent its

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Exam Notes, ADR, Costs, parties, Civil And Criminal

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