Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Civil Procedure

Schulich School of Law, Dalhousie University

Access to Justice

Articles 1 - 2 of 2

Full-Text Articles in Law

Access To Justice And The Evolution Of Class Action Litigation In Australia, Bernard Murphy, Camille Cameron Jan 2006

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 …


Legal Procedure: Access To Justice: 1883 To 1983, Justice Gibson Nov 1984

Legal Procedure: Access To Justice: 1883 To 1983, Justice Gibson

Dalhousie Law Journal

The invitation to me, as present Chairman of the Law Commission for England and Wales, to take part in this centenary celebration of Dalhousie Law School was both an honour conferred on our Law Commission and a recognition of our shared heritage of the common law and of the spirit and endeavour of law reform shared by the legal systems of Canada and of the United Kingdom. Greater honour was done to my office and to me by the conferring of the Honorary Degree of Doctor of Laws of this great university in such distinguished company.' This particular honour I …