Civil procedure

What is a Case Management Hearing?

In the Federal Court of Australia, a case management hearing is a meeting of the parties and the Court to identify issues at the earliest possible stage (Case Management Hearing).[1]  They are the essential element of, and main procedure used in achieving, case management.[2]  In Queensland Courts, they are referred to as case management conferences.[3]  Case Management Hearings may be referred to by different terms in each State.  This article discusses Case Management Hearings in the Federal Court. [Read more…]

Particulars – their importance in civil litigation

In civil litigation, the term ‘particulars’ is frequently used.  The term particulars stems from the ordinary meaning of the noun, ‘particular,’ that being, ‘a detail’.  Despite this rather simple meaning, what exactly a particular is seems to be a subject of some confusion even amongst the legal profession.  This confusion is likely caused by the blurred line between pleaded facts and particulars. [Read more…]

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