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Civil Justice Reform - An Overview
The Civil Justice Reforms will come into effect on 2 April 2009. The new court rules aim to improve cost-effectiveness and reduce complexity and delays in court proceedings. The purpose of this bulletin is to briefly highlight some of the major changes to the High Court and District Court Rules, which will come into effect on 2 April 2009. Subsequent bulletins will deal with these topics in more detail.
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Civil Justice Reform-The Underlying Objectives and Case Management by the Court
This legal update follows our September 2008 issue which gave a general overview of the major changes to the High Court and District Court Rules to come into effect on 2 April 2009. This and subsequent issues deal with those changes in more detail. This issue deals with the new "underlying objectives" and active case management by the court.
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Civil Justice Reform - Pleadings and Statements of Truth
This legal update outlines the reforms in relation to pleadings and the introduction of Statements of Truth.
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Civil Justice Reform - Mediation
One of the underlying objectives of the new High Court and District Court rules, to come into effect on 2 April 2009, is to facilitate settlement of disputes (see our October 2008 Civil Justice Reform Legal Update). The new court rules place a duty on the court to further the underlying objectives by actively managing cases. Such case management includes, where appropriate, encouraging the parties to use ADR procedures to resolve their dispute i.e. procedures alternative to litigation.
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Civil Justice Reform - Sanctioned Offers and Sanctioned Payments
Under the new High Court and District Court Rules, to come into effect on 2 April 2009, "sanctioned offers" and "sanctioned payments" will replace the existing "payments into court" procedure. The changes aim to encourage parties to settle and avoid prolonged litigation. Sanctioned offers and sanctioned payments can be made any time after proceedings have commenced.
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