The book "Australian Civil Procedure" by Bernard C. Cairns provides a comprehensive overview of the principles and guidelines that govern the exercise of judicial powers and discretions in Australian civil courts. Here is a detailed overview of the book:

Key Themes

1. Jurisdiction: The book begins by examining the jurisdiction of Australian courts, including the scope of their powers and the rules that govern their operation.
2. Managing Litigation: It delves into the management of litigation, including the adversary system and the processes involved in resolving civil disputes.
3. Commencing Proceedings: The book covers the steps involved in commencing civil proceedings, including the filing of initial documents and the service of process.
4. Pleadings and Practice: It discusses the rules and practices related to pleadings, including the drafting of statements of claim and defenses.
5. Amendments and Parties: The text addresses the procedures for amending pleadings and the roles of parties in civil litigation.
6. Discovery and Inspection: It explores the processes of discovery, interrogatories, and inspection, which are crucial for gathering evidence in civil cases.
7. Settlement and Discontinuance: The book examines the processes of settlement and discontinuance of litigation, including summary disposal and the preservation of subject matter.
8. Evidence and Trial: It covers the principles of evidence and the trial process, including the rules of evidence and the conduct of trials.
9. Costs and Appeals: The text discusses the rules governing costs in civil litigation and the procedures for appeals and new trials.
10. Enforcing Judgments: Finally, it addresses the methods for enforcing judgments, including the various remedies available to parties.

Plot Summary

The book is structured to provide a logical progression through the stages of civil litigation in Australia. It starts with an overview of jurisdiction and then moves through the various stages of managing litigation, from commencing proceedings to enforcing judgments. Each chapter builds on the previous one, providing a comprehensive understanding of the civil procedure in Australia.

Critical Reception

While specific reviews of Bernard Cairns' book are not readily available in the search results, the book is widely regarded as a authoritative text in the field of Australian civil procedure. It is commonly used as a reference by law students and practitioners due to its thorough examination of the rules of court and practice directions. The book's comprehensive coverage and logical structure make it a valuable resource for understanding the complexities of Australian civil procedure.

Edition and Availability

The book is available in various formats, including print and eBook, with the 13th edition being the latest version. The eBook version is accessible through the ProView app, which is not currently available on Kindle.