Civil Procedure

This text provides a summary of Australian procedural law to its bare essence to assist students to rapidly come to grips with the main principles, theories and reality of civil litigation. The LexisNexis Study Guide series is designed to assist students in learning the foundations for effective, systematic exam preparation and revision. In each chapter of LexisNexis Study Guide - Civil Procedure, Stephen Colbran, Roger Douglas, Sheryl Jackson and Molly Townes O'Brien clearly identify and explain the pertinent and often difficult topics within civil procedure. The most important and recent cases are summarised to consolidate practical understanding of the theoretical concepts involved in civil procedure.

Child sexual abuse and access to justice for civil claims: Time to reform the Limitation of Actions Act 1974 (Qld)

In 2015, Victoria passed laws removing the time limit in which a survivor of child sexual abuse can commence a civil claim for personal injury. The law applies also to physical abuse, and to psychological injury arising from those forms of abuse. In 2016, New South Wales made almost identical legal reforms. These reforms were partly motivated by the recommendations of inquiries into institutional child abuse. Of particular relevance is that the Australian Royal Commission Into Institutional Responses to Child Sexual Abuse recommended in 2015 that all States and Territories remove their time limits for civil claims. This presentation explores the problems with standard time limits when applied to child sexual abuse cases (whether occurring within or beyond institutions), the scientific, ethical and legal justifications for lifting the time limits, and solutions for future law reform.