Title | civil Flowchart |
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Course | Civil and Criminal Procedure |
Institution | University of Sydney |
Pages | 2 |
File Size | 121.1 KB |
File Type | |
Total Downloads | 28 |
Total Views | 181 |
a flowchart for civil part
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Flowchart Pre-commencement o Advice to client on prospects of success / limitation o Pre-commencement ADR (informal mediation / negotiation) o Preliminary discovery - UCPR Part 5 (if necessary / appropriate) o Interim injunctions - UCPR Part 5 (if necessary / appropriate) Commencement and pleading o Commencement - UCPR Part 6 o Service of proceedings - UCPR Part 10 o Pleadings and particulars - UCPR Part 14 and 15 (if necessary), and amendment of pleadings - UCPR Part 19 Case management o Interlocutory applications/steps (Part 18 - Motions) o Default judgment - UCPR Part 16 o Summary resolution (striking out etc) - UCPR Part 13 o Security for costs - UCPR r 42.21 Preparation of evidence and disclosure o Affidavits - UCPR Part 35 o Discovery / Notices to produce before hearing - UCPR Part 21 o Interrogatories - UCPR Part 22 o Subpoenas - UCPR Part 33 o Notices to produce at hearing - UCPR Part 34 In relation to disclosure - Supreme Court Practice Note SC Eq 11
Disputants attempt alternative dispute resolution (eg mediation)
Civil dispute
Dispute not resolved
Dispute resolved End of dispute
Court proceedings commenced
Plaintiff does not proceed further
Default judgment not contested
Entry into court system
Defence not filed
Defence filed
Plaintiff applies for default judgment
Pre-trial activity
Default judgment given
Trial
Default judgment contested Default judgment upheld Litigation process and outcome
Settlement (can be through alternative dispute resolution)
Court gives decision
No appeal
Appeal proceedings initiated Preparation of appeal case Hearing of appeal
Settlement (can be through alternative dispute resolution)
Appellate court gives decision
No further appeal Enforcement of the court decision or the terms of settlement, if required.
End of case
Enforcement...