70104 Study Guide - Final Guide: Civil Procedure Rules, Supreme Court Of New South Wales, Supreme Court Act
Document Summary
Introduction to civil practice and procedure, jurisdiction and. Legal reference point for decision making: common law applies to all legal persons including the state, public v private law. Not legally binding in the same way as legislation, but courts can make them comply to them. Access to justice: about the ability for individual litigants to be able to enjoy the benefit of the legal process: mu(cid:272)h dispute resolutio(cid:374) o(cid:272)(cid:272)urs i(cid:374) the (cid:858)shado(cid:449) of la(cid:449)(cid:859) a(cid:374)d the court. Importance of client care vis- -vis access to justice: many matters that can get to court do not, and those who do get to court get resolved by a contested hearing. Most will be abandoned, parties might withdraw or a settlement might be reached. Stages: pre litigatio(cid:374, initiating proceeding, interlocutory proceedings, hearing/trial stage. Subject matter jurisdiction: the nature of the disputes which may be adjudicated by a particular court. Cth constitution, ch iii federal jurisdiction.
