The Judicial Power of the Commonwealth: A Review of the Judiciary Act 1903 and Related Legislation (DP 64)
The ALRC released The Judicial Power of the Commonwealth: A Review of the Judiciary Act 1903 and Related Legislation (DP 64) in December 2000. The subject matter of the reference can be conveniently divided into seven core areas, which are discussed in successive chapters of this Discussion Paper. These are allocating original federal jurisdiction between …
Publications
Read moreReform of the civil justice system and economic growth: Australian experience
Professor David Weisbrot, President, Australian Law Reform Commission, ‘Court Reform and Economic Growth’, Fundación ICO Conference, Madrid, 19 October 2000[Not for quotation or publication without the permission of the author or the Conference organisers.]SynopsisThe Australian Law Reform Commission recently completed its four-year inquiry into the federal civil justice system, culminating in the publication of its …
News/Media Release
Read moreManaging Justice: A Review of the Federal Civil Justice System (ALRC Report 89)
ALRC Report 89 (tabled 17 February 2000) represents the culmination of a major four year inquiry, which commenced with terms of reference directing the Commission to consider ‘the need for a simpler, cheaper and more accessible legal system’.The ALRC inquiry focused on practice, procedure and case management in federal civil courts and tribunals, such as …
Publications
Read moreReview of the federal civil justice system
The Australian Law Reform Commission’s review of the federal civil justice system was instigated in November 1995 after concerns that Australian legal proceedings were becoming excessively adversarial and that this was having a damaging effect on the delivery of justice.Managing justice: A review of the federal civil justice system (ALRC Report 89) represents the culmination …
Inquiries
Read moreReview of the Federal Civil Justice System (DP 62)
Following a series of consultation, background and issues papers, the Commission released a major Discussion Paper, Review of the Federal Civil Justice System (DP 62) in 1999.As a part of its research for the inquiry, the ALRC undertook and also commissioned empirical research in a number of areas. Several research reports were released with the …
Publications
Read moreReview of the Federal Civil Justice System (IPs 20-25)
Six Issues Papers were released in 1997 and 1998: Rethinking the Federal Civil Litigation System (IP 20); Rethinking Legal Education and Training (IP 21); Rethinking Family Law Proceedings (IP 22); Technology – What it Means for Federal Dispute Resolution (IP 23); Federal Tribunal Proceedings (IP 24); and ADR: Its role in Federal Dispute Resolution (IP …
Publications
Read moreReview of the Federal Civil Justice System – Background papers
Prior to the release of issue papers in 1998-95, a series of preliminary background papers were produced in 1996: Review of the Adversarial System of Litigation: An Introduction to the Inquiry (Introductory Pamphlet 1); Federal Jurisdiction (BP 1); Alternative or Assisted Dispute Resolution (BP 2); Judicial and Case Management (BP 3); The Unrepresented Party (BP …
Publications
Read moreBeyond the Doorkeeper – Standing to Sue for Public Remedies (ALRC Report 78)
ALRC Report 78 reviewed the recommendations made in the earlier report in light of subsequent developments in law and practice and recent and proposed reforms to court rules and procedures. It provides that under the current Australian law, standing is not open to all members of the public to commence litigation to sue for public …
Publications
Read moreStanding in public interest litigation
In 1985 the Australian Law Reform Commission reported on the law of standing – the set of rules that determine whether a person is entitled to commence proceedings. ALRC Report 27 includes discussions on issues of standing in civil proceedings involving both the common law and statutes and discussions on the rules governing private prosecution. ALRC …
Inquiries
Read moreCosts shifting
This inquiry into the impact on the litigation system of the costs allocation rules began in June 1994. It arose from a recommendation in the Access to Justice Advisory Committee 1995 report Access to Justice: An Action Plan. The report reviews the impact on the litigation system of the costs allocation rules. ALRC Report 75 …
Inquiries
Read more