Winter Session 2014 lec > subject pages > practice and procedure
 
 
 
 

The subject of Practice and Procedure deals with the day-to-day practicalities of civil litigation in New South Wales.

The emphasis throughout the course is on conducting matters through the Supreme Court of New South Wales.  However, with the changes introduced by the Civil Procedure Act of 2005 and the Uniform Civil Procedure Rules 2005, the procedure, with some exceptions, will be uniform throughout the Supreme Court, District and Local Courts of New South Wales.

The topics covered in the course are set out in the syllabus.  In general terms the course deals with:

(a) the logistics of commencing an action in the Supreme Court; the various interlocutory steps between the commencement of an action and the hearing stage, including discovery and inspection and the issuing of subpoenas;

(b) evidence in relation to procedural matters;

(c) the logistics of “running” a matter,  including enforcement of judgment;

(d) elementary drafting principles, including practical drafting of documents;

(e) mediation and alternative dispute resolution.

Special Note:

(f) The NSW Parliament has introduced, as at March 2011, an amendment to the NSW Civil Procedure Act 2005 by way of incorporating Part 2A – steps to be taken before the commencement of proceedings.  This presently is in abeyance. Details will be advised in lectures.

EXPLANATORY NOTE:

Up to and including the Summer Semester 2004-05 the subject of Practice and Procedure involved an examination of the Supreme Court Act 1970 (NSW) and the Supreme Court Rules (NSW).

This gave a basis for understanding civil litigation in the Supreme Court of NSW, and also an essential understanding to the conduct of civil litigation in the District Court of NSW and in the Local Court in NSW.   However, in relation to practice as a legal practitioner, if a matter was to be conducted in, say, the District Court, the practitioner would have needed to know the provisions of the District Court Act 1973 (NSW) and the District Court Rules.  Similarly, a matter in the Local Court would have required the application of the Local Court (Civil Claims) Act 1970 (NSW) and the Local Court Rules.

As a consequence of the introduction in 2005 of the Civil Procedure Act and Uniform Civil Procedure Rules, there is much greater uniformity in procedures applicable to these various levels of courts in their civil jurisdiction. However, some provisions of the previous Acts remain in force and of importance and some rules also continue.

It is essential, generally, for all students to regularly access the LEC Webcampus to ascertain any additional material as and when it becomes available, especially references to relevant Practice Notes.


 
 
 
 
 
 
Lecture and weekend school timetables, prescribed materials, and assignment information are in the Subject Guide. Assignments and Supplementary Materials (where applicable) can be accessed from the Webcampus for current students.
 

 

 

 

 
   
     
     
     
     

 

 


 

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This page last updated on 8 April 2014

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