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Civil procedure and courts in the South Pacific / Jennifer Corrin Care.

By: Material type: TextTextPublisher: London, UK ; Portland, Or. : Cavendish Pub, 2004Description: lxvii, 342 pages ; 24 cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 1859417191
  • 9781859417195
Subject(s): DDC classification:
  • 347.96 22
LOC classification:
  • KVC480 .C368 2004
Online resources:
Contents:
Ch. 1. Introduction -- Subject Matter -- Definition of Civil Procedure -- Rules of Court -- Special Rules -- Ch. 2. Pre-Action Considerations -- The Initial Interview -- Letter Before Action -- Quantification of Damages -- Limitation Acts -- Negotiation and Meditation -- Notice and Leave -- Concurrent Criminal Proceedings -- Ch. 3. Courts -- The Hierarchy of the Courts -- The Constitution of the Courts -- Jurisdiction of the Courts -- Ch. 4. Parties -- Particular Types of Litigants -- Representative Actions -- Joinder -- Addition or Deletion of Parties -- Third Party Procedure -- Ch. 5. Initiating Proceedings -- Choice of Process -- The Requirements of a Valid Writ -- Issues of Process -- Ch. 6. Service -- Mode of Service -- Service on Particular Defendants -- Substituted Service -- Service Outside the Jurisdiction -- Affidavit of Service -- Ch. 7. Appearance, Acknowledgment of Service and Response -- Time Limit for Entry -- Procedure -- Conditional Appearance -- Ch. 8. Pleadings -- Definition, History and Purpose of Pleadings -- General Principles -- Special Rules -- Particular Pleadings -- Further and Better Particulars -- Close of Pleadings -- Amendment -- Ch. 9. Interlocutory Proceedings -- Chambers Applications -- Adjournments -- Directions -- Discovery and Inspection of Documents -- Time -- Failure to Comply with the Rules -- Interlocutory Injunctions -- Ch. 10. Determination Without Trial -- Default Judgment -- Summary Judgment -- Striking Out -- Dismissal for Want of Prosecution -- Discontinuence -- Settlement -- Ch. 11. Trial -- Preliminary Issues -- Evidence -- Order of Trial -- Content and Control of Addresses -- Evidence -- Consequence of Failure of a Party to Attend -- Judgment and Orders -- Interest on Judgments -- Ch. 12. Costs -- Payment into Court -- Security for Costs -- Recovery of Costs -- Taxation -- Ch. 13. Execution -- Enforcing Money Judgments -- Enforcing Other Judgments -- Stay of Execution -- Ch. 14. Appeal Procedure -- Rules of Court -- Parties and Representation -- Application for Leave to Appeal -- Commencement of Appeals -- Notice of Cross-Appeal and Respondents Notice -- Interlocutory Matters -- Hearing -- Costs -- Ch. 15. Conclusion -- The Need for Change -- Approaches to Reform -- Benchmarks -- Proper Use of the Rules.
Summary: "This book is the second edition of Civil Procedures of the South Pacific, originally published by IJALS, as part of the Laws of the South Pacific series. It is primarily intended as a textbook for teachers and students of South Pacific civil procedure, within law degree and professional legal training programmes. It is also designed for use by legal practitioners and others interested in civil procedure in the South Pacific region. The work remains the only published text on Civil Procedure in the South Pacific.; The book compares the main rules of procedure that govern the conduct of civil cases in countries of the South Pacific. The text focuses on the rules that apply in the superior courts of Fiji, Samoa and Tonga, and on the High Court (Civil Procedure) Rules of 1964, which apply in the superior courts of Kiribati, Tuvalu, Solomon Islands and Vanuatu. This edition has further analysis and an additional chapter dealing with procedure governing civil appeals. The text has been updated to include recent developments in the law, including changes to the rules and additional case law."--Publisher description.
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Includes index.

Ch. 1. Introduction -- Subject Matter -- Definition of Civil Procedure -- Rules of Court -- Special Rules -- Ch. 2. Pre-Action Considerations -- The Initial Interview -- Letter Before Action -- Quantification of Damages -- Limitation Acts -- Negotiation and Meditation -- Notice and Leave -- Concurrent Criminal Proceedings -- Ch. 3. Courts -- The Hierarchy of the Courts -- The Constitution of the Courts -- Jurisdiction of the Courts -- Ch. 4. Parties -- Particular Types of Litigants -- Representative Actions -- Joinder -- Addition or Deletion of Parties -- Third Party Procedure -- Ch. 5. Initiating Proceedings -- Choice of Process -- The Requirements of a Valid Writ -- Issues of Process -- Ch. 6. Service -- Mode of Service -- Service on Particular Defendants -- Substituted Service -- Service Outside the Jurisdiction -- Affidavit of Service -- Ch. 7. Appearance, Acknowledgment of Service and Response -- Time Limit for Entry -- Procedure -- Conditional Appearance -- Ch. 8. Pleadings -- Definition, History and Purpose of Pleadings -- General Principles -- Special Rules -- Particular Pleadings -- Further and Better Particulars -- Close of Pleadings -- Amendment -- Ch. 9. Interlocutory Proceedings -- Chambers Applications -- Adjournments -- Directions -- Discovery and Inspection of Documents -- Time -- Failure to Comply with the Rules -- Interlocutory Injunctions -- Ch. 10. Determination Without Trial -- Default Judgment -- Summary Judgment -- Striking Out -- Dismissal for Want of Prosecution -- Discontinuence -- Settlement -- Ch. 11. Trial -- Preliminary Issues -- Evidence -- Order of Trial -- Content and Control of Addresses -- Evidence -- Consequence of Failure of a Party to Attend -- Judgment and Orders -- Interest on Judgments -- Ch. 12. Costs -- Payment into Court -- Security for Costs -- Recovery of Costs -- Taxation -- Ch. 13. Execution -- Enforcing Money Judgments -- Enforcing Other Judgments -- Stay of Execution -- Ch. 14. Appeal Procedure -- Rules of Court -- Parties and Representation -- Application for Leave to Appeal -- Commencement of Appeals -- Notice of Cross-Appeal and Respondents Notice -- Interlocutory Matters -- Hearing -- Costs -- Ch. 15. Conclusion -- The Need for Change -- Approaches to Reform -- Benchmarks -- Proper Use of the Rules.

"This book is the second edition of Civil Procedures of the South Pacific, originally published by IJALS, as part of the Laws of the South Pacific series. It is primarily intended as a textbook for teachers and students of South Pacific civil procedure, within law degree and professional legal training programmes. It is also designed for use by legal practitioners and others interested in civil procedure in the South Pacific region. The work remains the only published text on Civil Procedure in the South Pacific.; The book compares the main rules of procedure that govern the conduct of civil cases in countries of the South Pacific. The text focuses on the rules that apply in the superior courts of Fiji, Samoa and Tonga, and on the High Court (Civil Procedure) Rules of 1964, which apply in the superior courts of Kiribati, Tuvalu, Solomon Islands and Vanuatu. This edition has further analysis and an additional chapter dealing with procedure governing civil appeals. The text has been updated to include recent developments in the law, including changes to the rules and additional case law."--Publisher description.

Machine converted from AACR2 source record.

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