• EAN: 9781862871533
  • 192 pages; 6" x 8⅝"
Filed Under: Civil Procedure

Beyond the Adversarial System


Product Description

Australia is presently seeking to streamline its civil justice system. It is popular folklore that the Australian civil justice system is inaccessible to ‘ordinary people’ as it is expensive, slow and complex. The reasons for these alleged failings are attributed to various causes, such as arcane and inefficient judicial practices, money-hungry lawyers or, more fundamentally, to the very underpinnings of civil litigation – adversarialism. This volume confronts this folklore.

It provides perspectives about civil justice from its major user and funding source (government) and the group of Australians who have used it the least and feel most alienated from the system (indigenous Australians). It explores the insights of those who work with adversarialism day in and day out (judges and lawyers) and reveals both defenders and strident advocates for change. Finally, it steps back and gives an outsider’s view of Australian adversarialism from those with knowledge of a sister system in the United States.


Helen Stacy and Michael Lavarch

Part 1: The Dimensions of Change

Changing Roles and Skills for Courts, Tribunals and Practitioners

Daryl Williams

Fighting the Fiends From Finance

Michael Lavarch

Civil Litigation: An Indigenous Perspective

Colleen Starkis

Part 2: What Changes are Possible?

Reforming the Civil Justice System: The Case for a Considered Approach

Justice Ronald Sackville

Opportunities and Limitations for Change in the Australian Adversary System

Justice David Ipp

Judicial Time Limits and the Adversarial System

Bret Walker

Part 3: Issues of Justice and Ethics

Fairness in a Predominantly Adversarial System

Justice Geoffrey Davies

Dining at the Ritz: Visions of Justice for the Individual In the Changing Adversarial System

Marc Galanter

Twenty Theses on Adversarial Ethics

David Luban


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