Case Management and Complex Civil Litigation

1. Auflage 2011
ISBN: 978-1-86287-840-2
Verlag: Federation Press

Buch, Englisch, 300 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 630 g

Civil litigation is more frequently giving rise to cases that are regarded as complex so that they are expensive for parties to run, time-consuming and use a large amount of tax-payer funded court resources. The government, judiciary and legal practitioners have expressed concern as to how to efficiently manage these cases.

This book examines the case management tools available to the modern day judge for dealing with crucial aspects of complex civil litigation. The first chapter explains case management, complex civil litigation and how the former may be used to control the latter. Subsequent chapters focus on case management in relation to pleadings, discovery, expert evidence, alternative dispute resolution, summary judgment and the separate question procedure.

The author also explains the role of the overriding/overarching purpose with its command that civil litigation is to be conducted in a manner which achieves justice while minimising cost and delay as this has major significance for complex cases.

Latter chapters consider two specific examples of complex litigation and the ways in which they may be dealt with a commercial litigation and the specialist lists that have developed to deal with this type of case in New South Wales, Victoria and in the Federal Court, and class action or representative proceedings in the Federal Court. Lastly, the concerns or limitations as to case management are examined.

Autoren/Hrsg.

Legg, Michael

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein

Inhaltsverzeichnis

Case Management and Complex Civil Litigation Balancing Justice, Cost and Delay - The Role of an Overriding/Overarching Purpose Issue Identification - Pleadings and Alternatives Discovery in the Information Age Expert Evidence Alternative Dispute Resolution and Complex Disputes Summary Judgment and the Stated Case - The Short Way Home? A Comparison of the New South Wales Commercial List, the Victorian Commercial Court and the Federal Court's Fast Track. Case Management of Class Actions Can the Cure be Worse than the Disease? Concerns about Case Management

Über Autor(innen)

Legg, Michael
Michael Legg is Senior Lecturer in the Faculty of Law at the University of New South Wales (UNSW). He joined the Faculty in February 2009 after more than 10 years in practice with leading Australian and US law firms. Michael specialised in the areas of class actions, regulatory and commercial litigation. Michael is admitted to practice before the Supreme Court of New South Wales, Federal Court of Australia, High Court of Australia and in New York.

Michael's main research interests are Civil Procedure, Case Management of Complex Civil Litigation, Regulatory Litigation, Class actions, US Legal System and Comparative Civil Procedure. His research has been cited in judgments from the Federal Court of Australia, Supreme Court of New South Wales and the Supreme Court of Victoria, and in law reform reports by the Australian Law Reform Commission, NSW Law Reform Commission and Victorian Law Reform Commission.