Handbook

Civil litigation is more frequently giving rise to cases that are labelled "mega-litigation", "heavy and complex" or "supercase". At the same time concerns have been raised about cost, delay, access to justice, efficiency and proportionality. This course examines what factors cause civil litigation to be complex such as "high stakes", multiple parties, with an emphasis on class actions, the need for expert evidence and electronic discovery. The course then addresses how complex civil litigation may be effectively managed and the challenge of promoting efficiency without compromising justice. The course will examine the use of case management techniques by the judiciary and methods for limiting or resolving issues in dispute including summary judgment and ADR. The course will draw on Australian, UK and US experience.

Main Topics

• Complexity in civil litigation
• "High Stakes" litigation
• Pleadings in complex cases
• Class actions in the Federal Court of Australia and Supreme Court of NSW
• Litigation funding
• Case management requirements and techniques
• Discovery in the Electronic Age
• Expert evidence
• Alternative dispute resolution in complex civil litigation