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Courts and Litigation


The Litigation Law and Practice Committee analyses the law, court procedures and practices, and the conduct of civil litigation in all jurisdictions.

The Committee provides the following resources for solicitors.

Case management options in Federal Court matters

Practitioners with matters in the Federal Court are required to consider how they can best work with the court and other parties to facilitate the just resolution of disputes according to law as quickly, inexpensively and effectively as possible. The Law Society has provided guidance for practitioners on options for achieving this.

Download the information on case management options in Federal Court matters

Guidelines for dealing with self-represented parties in civil proceedings

The Guidelines aim to assist practitioners dealing with self-represented parties in civil proceedings.

Download the Guidelines for dealing with self-represented parties in civil proceedings

Online application of the Solicitors' Conduct Rules

Practitioners are reminded that the Legal Profession Uniform Law Australian Solicitors' Conduct Rules apply to their communications with opponents and the courts, including in the Online Court environment.

Download a paper prepared by the Litigation Law and Practice Committee

Information Barrier Guidelines

The Guidelines aim to assist law firms to guard against the risk of a breach of the duty of confidentiality owed to former clients.  The document was updated by the Committee in 2015.

Download the Information Barrier Guidelines

Communicating with the Federal Circuit Court

The Federal Circuit Court resource for practitioners about communicating with judges' chambers is available here

Local Court - Case management

The Local Court Practice Note that applies to the case management of civil proceedings is available here

District Court - Case management

There have been cases of solicitors being under-prepared when appearing at directions hearings in the District Court. The following documents may assist practitioners to understand what is expected of them in District Court civil proceedings. 

Updated Standard Orders for Hearings – NEWCase Management in the General ListCourt Approval of SettlementsEmail proceduresNote Settled ListOrder for mediation before a RegistrarNotice - CML Show Cause hearings

James Howard, Judicial Registrar of District Court of NSW, has prepared a paper to give practitioners an insight into the practitioner matters required for case management in the Civil Jurisdiction of the District Court of NSW, principally in the Sydney Case Managed List.

Download the paper

Providing for the costs of mediation when no agreement is reached and litigation continues

When parties go to mediation they do not always specify with precision what is to happen with the costs of the mediation if it is unsuccessful and the litigation proceeds. This informative paper outlines the outcome of two recent cases in this area.

Download the paper

Court Attire Policy: Supreme Court

The Chief Justice published a Court Attire Policy for barristers on 20 September 2007.

Transcripts

Information about transcript order forms and fees is available here.

CONTACT

  • Litigation Law & Practice Committee
  • Law Society of NSW
  • 170 Phillip Street
  • Sydney NSW 2000
  • DX 362 Sydney
  • T: (02) 9926 0252
  • E: Ella Howard