Topic 1: Introduction to Civil Procedure Flashcards
Topic 1: Introduction to Civil Procedure
Civil procedure is the law, rules, practises and process by which a civil case is tried and appealed.
It covers the procedures of civil litigation including but not limited to everything that is not criminal procedures, commencing proceedings & causes of action, service and more.
Pleadings
Pleadings are documents that go backwards and forwards to each party, where each put their own version of events, issues and facts.
Philosophy of UCPR
Rule 5 UCPR The philosophy of the UCPR is to facilitate the just and expeditious resolution of the real issues in civil proceedings at a minimum expense.
Avoiding undue delay, expense and technicality.
Case Flow Management
aimed at courts being able to be involved to keep matters moving and ensuring matters do not stall and not reach the end.
Lawyers Role: Enquiry by prospective client
Before you talk with the client, you must do a conflict search first to ensure we don’t currently or have acted for the other side, as we may have information that we can use against them.
Lawyers Role: Client interview/taking instructions
During the client interview we want to get an ordered timeline of what has occured and try get all information from the client’s head into your own.
Seek documentation from the client for evidence, take copies of original documents and put the originals in a safe.
Lawyers Role: Disclosure and Costs Agreement
You must disclose how much it may cost. If they accept, move to the next stage of proper advice.
You do not need to disclose for costs under $1500.
Lawyers Role: File maintenance
Make sure the file is clear so that if you are away, another solicitor can pick it up and understand.
Jurisdiction: Central registries
There are four central registries, being Cairns, Townsville, Rockhampton and Brisbane.
Jurisdiction: Territorial Jurisdiction
Territorial jurisdiction is where to start a proceeding. A proceeding in court mab be started in any central registry in the court.
The general rule is that where the party lives is where the matter should be heard, but the other party can object to the venue.
Territorial Jurisdiction: Change to the venue
Anytime a court is satisfied a proceeding can be more conveniently or fairly heard or dealt with at a place the court decides.
Parties can consent for the transfer.
Cross vesting jurisdiction
All superior courts have jurisdiction of all other superior courts.
Where there are many issues in one case that require a higher level court, that higher level court may cross vest jurisdiction to allow one court to deal with all the issues.
