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Full-Text Articles in Law
Nobody Expects The Spanish Inquisition: A Primer On The Use (And Abuse) Of Ex Parte Proceedings In Civil Cases, Robert Currie
Nobody Expects The Spanish Inquisition: A Primer On The Use (And Abuse) Of Ex Parte Proceedings In Civil Cases, Robert Currie
Articles, Book Chapters, & Popular Press
On any ex parte application, the utmost good faith must be observed. That requires full and frank disclosure of all material facts known to the applicant or counsel that could reasonably be expected to have a bearing on the outcome of the application. Because counsel for the applicant is asking the judge to invoke a procedure that runs counter to the fundamental principle of justice that all sides of a dispute should be heard, counsel is under a super-added duty to the court and other parties to ensure that as balanced a consideration of the issue is undertaken as is …
Access To Justice And The Evolution Of Class Action Litigation In Australia, Bernard Murphy, Camille Cameron
Access To Justice And The Evolution Of Class Action Litigation In Australia, Bernard Murphy, Camille Cameron
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 …