The cornerstone of a litigation lawyer’s practice is civil procedure. As soon as the client or instructor steps in the door of the lawyer’s practice, that lawyer needs to be aware of the rules of civil procedure that will steer the client’s claim through the courts.
Many claims rise and fall on the back of civil procedure. For instance, claims that have been struck out may never be litigated because of the lapse of a limitation period. The availability of summary judgment often avoids the discouraging and significant costs of proceeding to a trial. Also, proper discovery, requests for particulars and interrogatories allow parties to probe claims and defences to expose strengths and weaknesses before getting to trial.
With a thorough knowledge of the rules, a civil procedure barrister is able to strategically advise a client so as to achieve the best commercial result in the circumstances.
The purpose of the Civil Procedure Section is to keep CommBar members and subscribers informed of changes, trends and recent authorities in civil procedure in the State and Federal Courts and Tribunals; and to make submissions, where appropriate, on the development and reform of civil procedure in the State and Federal Courts and Tribunals.