12Facilitating Ongoing Civil Justice Review and Reform

More documents

Recommendations

Info

Bibliography Sourdin, Tania, ‘An Alternative for Who Access to ADR Processes’ (2007) 10(2) ADR Bulletin 26 Sourdin, Tania, Dispute Resolution Processes for Credit Consumers (La Trobe University, 2007) Sourdin, Tania, ‘Facilitating the Resolution of Disputes Before Tribunals’ (Paper presented at the ‘8th Annual Australian Institute for Judicial Administration Tribunals Conference’, Sydney, 9–10 June 2005) Sourdin, Tania, Alternative Dispute Resolution (2nd ed, Lawbook Co, 2005) Sourdin, Tania, ‘Legislative Referral to Alternative Dispute Resolution Processes’ (2001) 12 Australasian Dispute Resolution Journal 180 Sourdin, Tania and Matruglio, Tania, Evaluating Mediation—New South Wales Settlement Scheme 2002 (La Trobe University, University of Western Sydney, 2004) Spencer, David, ‘Judicial Mediators: Is The Time Right - Part I’ (2006) 17 Australasian Dispute Resolution Journal 130 Spencer, David, ‘Judicial Mediators: Is the Time Right - Part II’ (2006) 17 Australasian Dispute Resolution Journal 189 Spencer, David, ‘Judicial Mediators: Are They Constitutionally Valid’ (2006) 9(4) ADR Bulletin 61 Spigelman, James, ‘Commercial Litigation and Arbitration: New Challenges’ (Paper presented at ‘The First Indo Australian Legal Forum’, New Delhi, 9 October 2007) Spigelman, James, ‘Access to Justice and Access to Lawyers’ (Paper presented at the ‘35th Australian Legal Convention’, Sydney, 24 March 2007) Spigelman, James, ‘Measuring Court Performance’ (Paper presented at the ‘24th Annual Conference of the Australian Institute of Judicial Administration’, Adelaide, 15–17 September 2006) Spigelman, James, ‘Case Management in New South Wales’ (Paper presented at the ‘Annual Judges Conference’, Kuala Lumpur, 22 August 2006) Spigelman, James, ‘The Principle of Open Justice: A Comparative Perspective’ (Paper presented at the ‘Media Law Resource Centre Conference’, London, 20 September 2005) Spigelman, James, ‘The Truth Can Cost Too Much: The Principle of a Fair Trial’ (2004) 78 Alternative Law Journal 29 Spigelman, James, ‘Our Common Law Heritage’ (Paper presented at the ‘Joint Study Institute of Law Librarians’, Sydney, 21 February 2004) Spigelman, James, ‘Opening of Law Term ‘ (Paper presented at the ‘Opening of Law Term Dinner’, Sydney, 2 February 2004) Spigelman, James, ‘Seen To Be Done: The Principle of Open Justice’ (Paper presented at the ‘31st Australian Legal Convention’, Canberra, 9 October 1999) Spigelman, James, ‘Address’ (Paper presented at the ‘The Medico-Legal Society of New South Wales Annual General Meeting’, 6 August 1999) Standing Committee of Attorneys-General, Litigation Funding in Australia: Discussion Paper (2006) Stein, Paul, ‘Down Under Perspective of the Environmental Court Project’ (Paper presented at the ‘The United Kingdom Environmental Law Association Seminar on the Final Report on the Environmental Court Project ‘, London, 27 June 2000) Stein, Richard and Beagent, Jamie, ‘Case Law Analysis—R (Corner House Research) v The Secretary of State for Trade and Industry’ (2005) 17 Journal of Environmental Law 413 Sternlight, Jean, ‘Is the U.S. Out on a Limb Comparing the U.S. Approach to Mandatory Consumer and Employment Abitration to that of the Rest of the World’ (2002) 56 University of Miami Law Review 831 Stienstra, Donna, ‘The Alternative Dispute Resolution Act of 1998: Seeds of Change in the Federal District Courts’ at 26 April 2008. Stitt, Robert, ‘Cross-Examination of Expert Witnesses: A Practical Approach via a Personal Excursion’ (2005) 26 Australian Bar Review 219 Street, Laurence, ‘Note on the Detachment of Judges to Mediation’ (2006) 17 Australasian Dispute Resolution Journal 188 Street, Laurence, ‘Mediation and the Judicial Institution’ (1997) 71 Australian Law Journal 794 Street, Laurence, ‘The Courts and Mediation—A Warning ‘ (1991) 2 Australasian Dispute Resolution Journal 203 Stuhmcke, Anita, ‘Resolving Consumer Disputes: Out of the Courts and Into Private Industry’ (2003) 31 Australian Business Law Review 48 Subrin, Stephen, ‘Discovery in Global Perspective—Are We Nuts’ (2002) 52 DePaul Law Review 299 Superior Court of Justice and Ministry of the Attorney General, Report of the Task Force on the Discovery Process in Ontario (2003) Supreme Court of Nova Scotia, Memorandum Concerning “Civil Procedure Rules Revision Project”: Final Report of the Discovery and Disclosure Working Group (2005) Supreme Court of Victoria, Annual Report 2005–2006 (2006) Supreme Court of Victoria, Annual Report 2004–2005 (2005) Sylvan, Louise, Cy-Pres: The Next Best Thing (2005) at 19 February 2008 Taylor, Greg, The Constitution of Victoria (Federation Press, 2006) Telecommunications Industry Ombudsman, Annual Report 2004/05 (2005) Telford, Megan, Med-Arb: A Viable Dispute Resolution Alternative, Current Issues Series (IRC Press, 2000) Thompson, Clare, ‘Vexatious Litigants—Old Phenomenon, Modern Methodology: A Consideration of the Vexatious Proceedings Restriction Act 2002 (WA)’ (2004) 14 Journal of Judicial Administration 64 Thomson, Claude, Med-Arb: A Fresh Look at 18 March 2008 Tollefson, Chris, Gililand, Darlene and DeMarco, Jerry, ‘Towards a Costs Jurisprudence in Public Interest Litigation’ (2004) 83 Canadian Bar Review 474 Toohey, John and D’Arcy, Anthony, ‘Environmental Law—Its Place in the System’ in R Fowler (ed) Proceedings of the International Conference on Environmental Law (NELA, 1989) Trade Practice Act Review Committee [Australia], Review of the Competition Provisions of the Trade Practices Act 1974 (2002) Transport Accident Commission [Australia], Annual Report 2006 752 Victorian Law Reform Commission - Civil Justice Review: Report
Tucker, Philip, ‘Judges as Mediators: A Chapter III Prohibition or Accommodation’ (2000) 14 Australasian Dispute Resolution Journal 84 Tulkinghorn, ‘Lawyers Safely in Charge of Civil Justice “Reform”’ (3 October 2006) Justinian at 26 February 2008 Tyler, Melissa Conley and Bornstein, Jackie, ‘Court Referral to ADR: Lessons from an Intervention Order Mediation Pilot’ (2006) 16(1) Journal of Judicial Administration 48 Underwood, Kerry, Fixed Costs (2nd ed, LexisNexis Butterworths, 2006) Venning, Geoffrey, ‘Alternatives to Activity Based Costing: The New Zealand Approach’ (Paper presented at the ‘24th Australian Institute of Judicial Administration Annual Conference’, Adelaide, 16 September 2006) Victoria Legal Aid, Annual Report 2006-07 (2007) Victoria Legal Aid, Grants Handbook (12th ed, 2006) Victorian Attorney-General’s Law Reform Advisory Council, Class Actions in Victoria: Time For a New Approach, Expert Report 2 (1997) Victorian Bar, Annual Report 2006–2007 (2007) Victorian Civil and Administrative Tribunal, Annual Report 2005–06 Victorian Law Reform Committee, Parliament of Victoria, Alternative Dispute Resolution, Discussion Paper (2007) Victorian Office of Multicultural Affairs, Language Services Strategy Report Card (2004) Victorian Office of Multicultural Affairs, Improving the Use of Translating and Interpreting Services: A Guide to Victorian Government Policy and Procedures (2003) Wade, John, ‘Collaborative Lawyering - Some Preliminary Thoughts for Australia’ (2004) 16 Bond Dispute Resolution News 4 Walker, Bret, ‘Lawyers & Money’ (Paper presented at the ‘2005 Lawyers Lecture’, Sydney, 18 October 2005) Walker, Janet and Watson, Garry, ‘New Technologies and the Civil Litigation Process: Common Law General Report’ (Paper presented at the ‘Xlllth World Congress of the International Association of Procedural Law, “New Trends in Procedural Law”’, Salvador de Bahia, Brasil, 16-21 September 2007) Warren, Marilyn, ‘State of Victorian Judicature’ (Paper presented at the Inaugural State of Judicature Address, Melbourne, 22 May 2007) Watson, Brian, Litigation Liabilities (Palladian Law Publishing, 2002) Waye, Vicki (ed), A Guide to Arbitration Practice in Australia (2nd ed) (University of Adelaide and Institute of Arbitrators & Mediators Australia, 2006) Wenying, Wang, ‘Distinct Features of Arbitration in China: An Historical Perspective’ (2006) 23(1) Journal of International Arbitration 74 Willging, Thomas, et al, Discovery and Disclosure Practice, Problems, and Proposals for Change: A Case-Based National Survey of Counsel in Closed Federal Civil Cases (Federal Judicial Centre, 1997) Williams, Glen, ‘The Changing Face of Procedural Law in Queensland’ (Paper presented at the ‘Australian Institute for Judicial Administration Fifth Biennial Masters’ Conference’, Auckland, New Zealand, 26–28 April 2000) Williams, Philip et al, Report of the Review of Scales of Legal Professional Fees in Federal Jurisdictions (Attorney General’s Department [Australia], 1998) Williams, Ross, ‘Practical Aspects of Conducting an Arbitration’ (Paper presented at the ‘Institute of Arbitrators & Mediators Australia National Conference 2007 – New Horizons in ADR’, Adelaide, South Australia, 2 June 2007) Wodak, Tom, ‘Optimising Process Workflow: The County Court Medical List 2005–2006’ (Paper presented at the ‘Law Institute of Victoria Medicine and Law Conference’, 23 November 2006) Wood, James, ‘Expert Witnesses—The New Era’ (Paper presented at the ‘8th Greek Australian International Legal & Medical Conference’, Corfu, Greece, 4–9 June 2001) Wood, James, ‘Case Management in the Common Law Division of the Supreme Court of New South Wales’ (1991) 1 Journal of Judicial Administration 71 Woodyatt, Tony, To Investigate and Study Overseas Developments Addressing the Needs of Self-Represented Litigants (The Winston Churchill Memorial Trust of Australia, 2007) Woolf, Lord, Access to Justice: Final Report to the Lord Chancellor on the Civil Justice System in England and Wales (Department for Constitutional Affairs [UK], 1996) Woolf, Lord, Access to Justice: Interim Report (Department for Constitutional Affairs [UK], 1995) Workers Compensation Commission, Guidelines, The Practice of the Conciliation/Arbitration Process in the Workers Compensation Commission (2007) Young, John, ‘The Roles of the Judiciary and the Executive in the Administration of the Courts’ (Paper presented at the ‘Higher Courts’ Administration in Australia Conference’, Melbourne, 25 May 1990) Zack, Arnold, ‘Quest for Finality in Airline Disputes: A Case for Arb-Med’ (Nov 2003–Jan 2004) 58 (4) Dispute Resolution Journal 34 Ziedler, Wolfgang, ‘Evaluation of the Adversary System: A Comparison, Some Remarks on the Investigatory System of Procedure’ (1981) 55 Australian Law Journal 390 Zuckerman, Adrian, ‘Civil Litigation: A Public Service for the Enforcement of Civil Rights’ (2007) 26 Civil Justice Quarterly 1 Zuckerman, Adrian, ‘A Colossal Wreck: The BCCI-Three Rivers Litigation’ (2006) 25 Civil Justice Quarterly 287 Zuckerman, Adrian, Zuckerman on Civil Procedure: Principles of Practice (2nd ed, Sweet & Maxwell, 2006) Zuckerman, Adrian, ‘Court Adjudication of Civil Disputes: A Public Service That Needs to be Delivered With Proportionate Resources, Within a Reasonable Time and at a Resonable Cost’ (Paper presented at the ‘24th Australian Institute of Judicial Administration Annual Conference’, Adelaide, 15–17 September 2006) Zuckerman, Adrian, ‘Justice in Crisis: Comparative Dimensions of Civil Procedure’ in Adrian Zuckerman (ed) Civil Justice in Crisis – Comparative Perspectives of Civil Procedure, (1999) Zuckerman, Adrian, ‘Lord Woolf’s Access to Justice: Plus Ca Change’ (1996) 59 (6) Modern Law Review 773 Zuckerman, Adrian and Cranston, Ross (eds), Reform of Civil Procedure - Essays on ‘Access to Justice’ (Clarendon Press, 1995) 753
Page 1 and 2:
2 695 Chapter 12 Facilitating Ongoi
Page 3 and 4:
1. INTRODUCTION ‘Managing justice
Page 5 and 6:
In Harris v Caladine Justice Toohey
Page 7 and 8: Court Rules 1992. They are the culm
Page 9 and 10: Advantages 3.1 Production of a ‘m
Page 11 and 12: (4) The Lord Chancellor may reimbur
Page 13 and 14: 3. SUBMISSIONS AND CONSULTATIONS 3.
Page 15 and 16: (b) The learning in relation to the
Page 17 and 18: Although it would be desirable in p
Page 19 and 20: (1) The Judges of the Court […] m
Page 21 and 22: 5. ISSUES FOR FURTHER CONSIDERATION
Page 23 and 24: One submission cautioned against pl
Page 25 and 26: Background An amicus curiae offers
Page 27 and 28: Penovic recommended that the commis
Page 29 and 30: Other concerns raised in the submis
Page 31 and 32: Ms Crowe indicated that the matter
Page 33 and 34: The Consumer Action Law Centre reco
Page 35 and 36: 254 • providing a right to a jury
Page 37 and 38: Appendices 731
Page 39 and 40: CONSULTATION PARTICIPANTS DATE 32 T
Page 41 and 42: Appendix 2: Submissions Consultatio
Page 43 and 44: Appendix 2: Submissions Draft Expos
Page 45 and 46: Appendix 3: Events Attended NO EVEN
Page 47 and 48: Glossary 1 Terminologyamicus curiae
Page 49 and 50: Bibliography Abel, Richard, English
Page 51 and 52: Chief Justice’s Working Party on
Page 53 and 54: Gleeson Murray, ‘State of the Jud
Page 55 and 56: Mackie, Karl, Are Lawyers Falling s
Page 57: 34 Conference in the Land and Envir
show all

12Facilitating Ongoing Civil Justice Review and Reform

Create successful ePaper yourself

Delete template?

Save as template?