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Vol 24 No 8 Aug/Sept 2019

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Justice and Efficiency in Mega-Litigation


ISBN13: 9781509910892
Published: June 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



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Justice and Efficiency in Mega-Litigation explores the way in which Australian judges reconcile the objectives of justice and efficiency – for the parties to the case and for the community – in mega-litigation. This issue is situated within broader theoretical debates about the role of courts and the purpose of civil procedure.

It is also considered as part of the practical and legal developments in civil procedure over the last century; most significantly, the rise of case management as a means of improving efficiency and increasing access to justice. Many examples of mega-litigation are used to illustrate the nature of this species of litigation, the challenges it presents, and the ways in which those challenges have been resolved.

Subjects:
Other Jurisdictions , Australia, Courts and Procedure
Contents:
PART I
THE PROBLEM
1. Introduction
2. Justice and Efficiency as Aims of Civil Procedure
3. What is Mega-Litigation?
4. Mega-Litigation in the Justice System
PART II
APPROACHES TO THE PROBLEM
5. Justice and Efficiency in Civil Procedure: Theoretical Perspectives
6. A Brief History of Justice and Efficiency in Civil Procedure
7. The Current Position in England
8. The Current Position in Australia
PART III
JUSTICE AND EFFICIENCY IN MEGA-LITIGATION
9. The Mega-Litigation Judge
10. Procedural Techniques in Mega-Litigation
11. Justice and Efficiency in Mega-Litigation
12. Conclusions