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Full-Text Articles in Law
Defining Civil Disputes: Lessons From Two Jurisdictions, Camille Cameron, Elizabeth Thornburg
Defining Civil Disputes: Lessons From Two Jurisdictions, Camille Cameron, Elizabeth Thornburg
Articles, Book Chapters, & Popular Press
Court systems have adopted a variety of mechanisms to narrow the issues in dispute and expedite litigation. This article analyses the largely unsuccessful attempts in two jurisdictions - the United States and Australia - to achieve early and efficient issue identification in civil disputes. Procedures that rely on pleadings to provide focus have failed for centuries, from the common (English) origins of these two systems to their divergent modern paths. Case management practices that are developing in the United States and Australia offer greater promise in the continuing quest for early, efficient dispute definition. Based on a historical and contemporary …
Access To Justice And The Evolution Of Class Action Litigation In Australia, Camille Cameron, Bernard Murphy
Access To Justice And The Evolution Of Class Action Litigation In Australia, Camille Cameron, Bernard Murphy
Articles, Book Chapters, & Popular Press
The federal and Victorian class action regimes are intended to facilitate aggregation of multiple claims. Aggregation can improve efficiency by combining similar claims and can enhance access to justice by providing a mechanism to litigate small claims. This article considers whether these efficiency and access aims are being achieved. The authors argue that whilst some developments in class action jurisprudence have been consistent with these legislative aims, other have not. Several features of Australian class action jurisprudence and practice have hampered the healthy development of the legislative regimes, including adverse costs orders, unclear threshold requirements, evasive posturing and unresolved class …
Of Federalism, Secession, Canada And Quebec, Greg Craven
Of Federalism, Secession, Canada And Quebec, Greg Craven
Dalhousie Law Journal
This article does not seek to examine comprehensively either the political or the legal intricacies of the possible secession of Quebec from Canada. To either task, the author's knowledge would be unequal. In general terms, all that is aimed at here is the very modest goal of bringing to bear upon the present Quebec-Canada scenario perceptions garnered from a consideration of similar (though different) situations which have arisen in other federations, and especially in the Australian federation. More specifically, what is attempted is three things. First, a brief discussion is undertaken of the concept of secession as such. Second, secession …