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Substance and Procedure in Private International Law by Garnett, Richard (8th March 2012)

6 Judicial Administration

James J. Fawcett

From: Substance and Procedure in Private International Law

Richard Garnett

Subject(s):
Court proceedings — Judgments and orders — Rights of appeal — Notice before action requirements — Costs and lawyers’ fees — ‘No action’ clauses — Recognition and enforcement of foreign judgments — Scope of the law applicable under the Rome II Regulation
6.01 This chapter examines a number of matters, all of which concern the operation and processes of the courts in some way. The constitution of the court, court room conduct, pleading requirements, pre-trial evidence collection, the right to a jury trial, the right to an appeal, pre-action notice requirements, costs, and the effect of legislative provisions limiting access to courts are all examples of such issues. Superficially, almost all such issues would appear to fall within the restrictive definition of procedure articulated by the High Court of Australia in...
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