Courts and Litigation
The Litigation Law and Practice Committee analyses the law, court procedures and practices, and the conduct of civil litigation in all jurisdictions.
The Committee provides the following resources for solicitors.
NSW Online Registry and Online Court
The Law Society has worked with the NSW Department of Justice to develop information on a number of common questions and concerns about using the Online Registry and Online Court.
Further information about the NSW Online Registry and Online Court is available at https://onlineregistry.lawlink.nsw.gov.au/content/.
Under harmonised Rules and Practice Notes, State Courts of Appeal, Supreme Courts, the Federal Court and Federal Circuit Court have the power to make urgent, ex-parte orders for search and removal of material for the purpose of securing or preserving evidence. These are known as Search Orders (formerly known as Anton Piller Orders).
The Law Society has prepared the following guidance to assist the parties and the independent solicitor, who is appointed by the Court to supervise the search for evidence that is the subject of the Search Order.
Download the Guidelines for the Independent Solicitor. Download the Checklist for the Independent Solicitors.Download the Guidelines for the Applicant’s Solicitor. Download the Guidelines for the Respondent.
Working with Barristers
Working with Barristers is a publication for solicitors that provides information about the relevant law and established practices governing the relationship between barristers and solicitors in NSW. The Law Society is pleased to publish the third edition of this guide.
Case management options in Federal Court matters
Practitioners with matters in the Federal Court are required to consider how they can best work with the court and other parties to facilitate the just resolution of disputes according to law as quickly, inexpensively and effectively as possible. The Law Society has provided guidance for practitioners on options for achieving this.
Guidelines for dealing with self-represented parties in civil proceedings
The Guidelines aim to assist practitioners dealing with self-represented parties in civil proceedings.
Online application of the Solicitors' Conduct Rules
Practitioners are reminded that the Legal Profession Uniform Law Australian Solicitors' Conduct Rules apply to their communications with opponents and the courts, including in the Online Court environment.
Information Barrier Guidelines
The Guidelines aim to assist law firms to guard against the risk of a breach of the duty of confidentiality owed to former clients. The document was updated by the Committee in 2015.
Communicating with the Federal Circuit Court
The Federal Circuit Court resource for practitioners about communicating with judges' chambers is available here.
Local Court - Case management
The Local Court Practice Note that applies to the case management of civil proceedings is available here.
District Court - Case management
There have been cases of solicitors being under-prepared when appearing at directions hearings in the District Court. The following documents may assist practitioners to understand what is expected of them in District Court civil proceedings.
Updated Standard Orders for Hearings – NEWCase Management in the General ListCourt Approval of SettlementsEmail proceduresNote Settled ListOrder for mediation before a RegistrarNotice - CML Show Cause hearings
James Howard, Judicial Registrar of District Court of NSW, has prepared a paper to give practitioners an insight into the practitioner matters required for case management in the Civil Jurisdiction of the District Court of NSW, principally in the Sydney Case Managed List.
Providing for the costs of mediation when no agreement is reached and litigation continues
When parties go to mediation they do not always specify with precision what is to happen with the costs of the mediation if it is unsuccessful and the litigation proceeds. This informative paper outlines the outcome of two recent cases in this area.
Court Attire Policy: Supreme Court
The Chief Justice published a Court Attire Policy for barristers on 20 September 2007.
Information about transcript order forms and fees is available here.
- Litigation Law & Practice Committee
- Law Society of NSW
- 170 Phillip Street
- Sydney NSW 2000
- DX 362 Sydney
- T: (02) 9926 0252
- E: Ella Howard