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Civil procedure

This class was created by Brainscape user Anita Kousari. Visit their profile to learn more about the creator.

Decks in this class (28)

Civil Procedure Act
What is the overarching purpose o...,
What is the overarching purpose o...,
How can the court further the ove...
14  cards
originating processes - O4 and 5
How is a proceeding commenced,
Which proceedings are commenced b...,
Which proceedings are commenced b...
9  cards
Originating motions and Writs
When to use originating motions t...,
What is the process for commencin...,
How is evidence presented in proc...
8  cards
P wanting to join Ds/ claims
What is joinder of claims,
When is joinder of claims permitt...,
What p must join claims
5  cards
D wanting to join claims/ parties
What is a counterclaim,
What should d do if they want to ...,
When is a counterclaim allowed
6  cards
Third party procedure (Seeking contribution or indemnity) – Order 11
What is the third party procedure...,
What is the purpose of the third ...,
What can a d claim from a third p...
4  cards
Process of joining parties
What is the process for joining p...,
When a party will be joined to th...,
What happens in a party follows t...
3  cards
Summary judgement
What is the test for summary judg...,
Can the court refuse to make a su...,
What should the court consider wh...
9  cards
Summary stay - dismissal of claim
When can a party apply for a summ...,
When can a party make an applicat...,
What is the application to strike...
8  cards
Offers of compromise
Settlement negotiations are gener...,
Who can make an offer of compromise,
What form should offers of compro...
12  cards
Discovery
What is the discovery process,
Discovery only applies to matters...,
What is each party s obligation t...
15  cards
Discovery from non-party
When can discovery from a non par...
1  cards
Subpoenas
What is a subpoena,
How is a subpoena served,
How are the documents produced
7  cards
Inspection, Detention and Preservation of Property – O37
What can the court order re inspe...,
What can the court order re inspe...,
What is the test for the court wh...
7  cards
Freezing orders – Order 37A
How is an application for a freez...,
What is a freezing order,
When would a court make a freezin...
11  cards
Injunctions – Order 38
What types of injunctions exist,
What are the requirements for an ...,
What can happen in urgent interlo...
10  cards
Applications - O46
Order 46 applies to,
How is an application made under o46,
What is the procedure in practice...
3  cards
Affidavits - O43
What is an affdavit,
Who is a deponent,
What is the purpose of affidavits
7  cards
Pleadings - O13
What is a pleading,
What is the purpose of a pleading,
What should be included in every ...
16  cards
Amendments
Why woul,
D,
When will the court allow an amen...
7  cards
Evidence generally – Order 40
How can a w give evidence,
What is a deposition,
How will a deposition be admissible
4  cards
Expert Evidence – Order 44
How can a w be categorised as an ...,
2 what steps need to be taken in ...,
Can you adduce evidence that is n...
6  cards
Place and mode of trial – Order 47
When will a trial be held,
Place and mode of trial if not sp...,
What is the right to jury trials
4  cards
Trials – Order 49
Order of evidence,
What procedure is followed in trials,
What is the court s power re adjo...
4  cards
Judicial review -Order 56
How is judicial review commenced,
What is jr used for,
What is jr used for
5  cards
Costs – Order 63
What is tax in the context of an ...,
What is tax on standard basis,
What is tax on an indemnity basis
4  cards
Offers of compromise
What are the requirements for a v...,
What is a calderbank offer,
How an offer of compromise can be...
7  cards
Security for costs
What is security for costs,
Who can apply for security for costs,
What will happen if p does not co...
7  cards

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Civil procedure

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