Australian Civil Procedure

The book "Australian Civil Procedure" by Bernard Charles Cairns is a comprehensive text that provides an overview of the principles and practices governing civil litigation in Australia. Here is a detailed overview of the book:

Key Themes

1. Jurisdiction: The book begins by examining the jurisdiction of Australian courts, which sets the foundation for understanding the scope of civil procedure.
2. Managing Litigation: It delves into the management of litigation, including the adversary system, which is central to Australian civil procedure.
3. Commencing Proceedings: The text covers the steps involved in commencing proceedings, including the initiation of lawsuits and the service of process.
4. Pleadings and Pleading Practice: It discusses the rules and practices related to pleadings, which are the formal statements of claims and defenses.
5. Amendment: The book addresses the procedures for amending pleadings and other court documents.
6. Parties and Causes of Action: It explores the roles and rights of parties involved in litigation, including the identification of causes of action.
7. Class Actions: The text provides insights into class actions, a specialized form of litigation involving multiple plaintiffs.
8. Discovery, Interrogatories, and Inspection: It covers the processes of discovery, including interrogatories and inspections, which are used to gather evidence.
9. Settlement: The book discusses settlement procedures, which are alternatives to trial.
10. Summary Disposal and Discontinuance: It examines the processes for summarily disposing of cases or discontinuing litigation.
11. Preserving and Inspecting Subject-Matter of Litigation: The text addresses the preservation and inspection of evidence relevant to the case.
12. Interlocutory Proceedings: It covers interim or intermediate proceedings that occur during the course of litigation.
13. Evidence: The book delves into the rules and practices related to presenting evidence in court.
14. Trial: It provides a detailed overview of the trial process, including preparation and conduct.
15. Costs: The text discusses the rules and practices related to costs, which are expenses incurred during litigation.
16. Appeals and New Trials: It covers the procedures for appealing judgments and seeking new trials.
17. Enforcing Judgments: The book concludes by examining the methods for enforcing judgments once they have been made.

Plot Summary

The book is structured to provide a systematic approach to understanding Australian civil procedure. It starts with foundational concepts like jurisdiction and the adversary system, then moves through the various stages of litigation, including commencing proceedings, pleadings, discovery, and trial. The text is designed to guide both law students and practitioners through the complexities of civil litigation in Australia.

Critical Reception

While specific reviews are not provided in the sources, the book is widely regarded as a reliable and authoritative text in the field of Australian civil procedure. It is frequently cited in academic and professional contexts, indicating its value as a reference for both students and practitioners.

Editions

The book has been published in multiple editions, with the 11th edition being available for purchase at a discounted rate. However, the 13th edition of "Australian Civil Procedure" by Thomson Reuters is also available, which continues to examine the fundamental principles of Australian civil justice in a more updated format.

Availability

The book is available in various formats, including print and digital versions. The 11th edition can be purchased through StudentVIP, while the 13th edition is available as a book and eBook from Thomson Reuters.