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.
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 – NEW
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.
Working with Barristers
Working with Barristers is a useful and informative publication for solicitors engaged in litigation. Produced by the Committee, it provides a summary of the law and practice governing the relationship between the two arms of the profession. The second edition of Working with Barristers was published in 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