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Extending the judicial function and managing civil litigation in Australia

Cairns, BC 2018 , 'Extending the judicial function and managing civil litigation in Australia' , Civil Justice Quarterly, vol. 37, no. 3 , pp. 355-369 .

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The civil justice overriding objective of justice and efficiency is a general conceptthat the courts must make operable in practice. The court supervises the pre-trialpreparation and management of litigation and gives pre-trial directions about theconduct of the trial. Practice directions have become a substantial source ofdiscretionary procedural law.They muststill be limited to practice and procedure,not substantive law. This article examines the function of practice directions ofthe scope deployed in implementing the overriding objective and whether they arelimited to matters of procedure. In jurisdictions that lack statutory authority forpractice directions, the court asserts an inherent jurisdiction.The detail of practicedirections gives them the character of a legislative instrument. This prompts thequestion whether the judges are performing a legislative function in issuing them.

Item Type: Article
Authors/Creators:Cairns, BC
Keywords: civil justice, court procedure, judicial functions, managing civil litigation
Journal or Publication Title: Civil Justice Quarterly
Publisher: Sweet & Maxwell Ltd.
ISSN: 0261-9261
Copyright Information:

Copyright 2018 Thomson Reuters and Contributors

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