Litigation law
and practice
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Right
Litigation law and practice
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.
Learn more about committees
Current committee members
How to join a committee
Uniform Civil Procedure Rules Guide
This Guide provides information on preparing documents in most types of civil proceedings in the New South Wales courts and in the Dust Diseases Tribunal.
Search Orders – List of Independent Solicitors
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.
The harmonised Search Order Practice Note states that the NSW Law Society has been requested to maintain a list of solicitors “who have indicated willingness to be appointed as an independent solicitor for the purpose of executing search orders, but it is not only persons on such a list who may be appointed” (Supreme Court of NSW, Practice Note SC Gen 13, [11]; Federal Court of Australia, Practice Note GPN-SRCH, [2.11]).
The Law Society established a list of independent solicitors for the purpose of supervising the execution of a Search Order in 2019 and updates the list of independent solicitors every two years. Inquiries by eligible solicitors willing to be appointed as an independent solicitor can be sent by email to litigationcommittee@lawsociety.com.au.
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.
Download NSW Online Registry and Online Court: Common Questions.
Further information about the NSW Online Registry and Online Court is available at https://onlineregistry.lawlink.nsw.gov.au/content/.
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.
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.
Recent policy submissions
Letter to SIRA - Review of the NSW Home Building Compensation Scheme – 12 November 2024
Letter to the Law Council of Australia - Joint Costs Advisory Committee Inquiry 2024 – 8 August 2024
Letter to Law Council of Australia - Administrative Review Tribunal Rules 2024 - 30 July 2024
Letter to the Law Council of Australia – Winding down Australia’s cheques system – 6 February 2024
Visit the policy submissions archive
2025 Committee list
E. Yamine (Chair), S. Fernandez (Deputy Chair),S. Birchall, S. Brodowski, M. Coidan, T. Cullenward, K. David, P. Green, A. Hack, K. Hatakka, D. Hing, J. Howard, C. Hutchinson, G. Johnson, E. Keir, K. Martin, K. McCallum, M. Mills, C. Morson, C. Peterson, J. Prowse, J. Punthakey, A. Roussos, M. Saville, M. Stephens, G. Galanis, J. Tyrrell, S. Willis. (Policy Lawyer: S. Hewison).
How to join a committee
Law Society Committees have powers, authorities and tasks delegated by the Council. Consisting of dedicated volunteers, each committee focuses on a particular area of law, pooling together specialist skills and experience in order to scrutinise legislation, court decisions and other government policies.
There are three broad categories of committees:
- Regulatory committees – perform statutory duties under the Legal Profession Uniform Law (NSW)
- Liaison committees – linked to other professions or organisations
- Policy committees
By drawing on the insights of committees, the Law Society can meet its statutory duties and act as a major player in law reform and policy debates.