Courts and Litigation
The Litigation Law & 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.
Federal Magistrates Court notice
The Federal Magistrates Court has issued a national notice to litigants and the legal profession about communicating with the chambers of Federal Magistrates.
Amendments to Federal Magistrates Court forms
The Federal Magistrates Court has announced changes to the following forms:
Please be advised that in relation to applications in the fair work division of the Federal Magistrates Court, Forms 1, 2, 3, 4 and 5 have been amended.
The Application in a Case has been amended adding a paragraph on affidavit requirements.
The New Federal Court Rules
On 16 May 2011 the Federal Court of Australia announced that an entirely revised set of rules (FCR 2011) will commence on 1 August 2011. A new set of approved forms will replace the current court forms prescribed under the existing Federal Court Rules (1979).
Practice Note Civ 1 - Local Court civil proceedings
From 23 March 2011, a new Practice Note applies to the case management of civil proceedings in the Local Court. The Practice Note is largely a consolidation of nine previous Practice Notes, and applies in some respects to matters filed before its commencement.
Amendments to the approved Uniform Civil Procedure forms
In March 2011 the Committee prepared a list of amendments to the approved Uniform Civil Procedure forms, detailing the form number and name, as well as a short explanation of each amendment.
Migration applications by offshore applicants and changes to Federal Magistrates Court forms
On 11 March 2011 the Federal Magistrates Court of Australia issued a memo notifying Law Societies and Bar Associations about changes to forms for migration applications by offshore applicants and other forms.
Federal Court of Australia Administrative Notice NSW 4 – Related Proceedings
Issued on 6 December, this Administrative Notice applies to proceedings commenced in the NSW District Registry. It sets out arrangements to assist with the allocation of related proceedings to the same docket judge.
Case management – 13 October 2010
There have been some examples in recent times of solicitors being under-prepared when appearing at directions hearings. The District Court is considering steps to ensure matters are prepared adequately for hearing and that parties are communicating with one another.
Costs of mediation if unsuccesful and litigation proceeds
When parties go to mediation they do not always specify with the 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.
Recovery of costs restrictions
Recent amendments to the Uniform Civil Procedure Rules 2005 under the Uniform Civil Procedure Rules (Amendment No 36) 2010 introduce new restrictions on recovery of costs. The new rules introduce a two stage approach to the discretion to award costs where the amount recovered is less than the specified monetary amount, (that is $40,000.00 in the District Court and $500,000.00 in the Supreme Court).
Nationally harmonised interest rates
Changes to the Uniform Civil Procedure Rules 2005 under the Uniform Civil Procedure Rules (Amendment No 32) 2010 and the Uniform Civil Procedure Rules (Amendment No 34) 2010 commenced on 1 July 2010. These amendments provide for the adoption in NSW of nationally harmonised provisions for the awarding of post-judgment interest under s.101 of the Civil Procedure Act 2005 (CPA) as well as changes to the calculation of claims for pre-judgment interest under s.100 CPA.
Information Paper: Foreign States Immunities Act 1985
The Federal Attorney-General’s Department advised the Law Society that there has been a number of instances recently in which proceedings involving foreign States have been conducted without adherence to the requirements of the Foreign States Immunities Act 1985 (Cth). For the guidance of practitioners the Federal Attorney-General published an Information Paper in August 2009 setting out the relevant procedures.
Court Attire Policy: Supreme Court
The Chief Justice published a new 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 Law Society's Litigation Law & Practice 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.
- Litigation Law & Practice Committee
- Law Society of NSW
- 170 Phillip Street
- Sydney NSW 2000
- DX 362 Sydney
- T: (02) 9926 0214
- E: Patrick McCarthy