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Why are litigation costs, and the control of those costs, a big issue for discussion and litigation reform? How does the Civil Procedure Act 2005

  • Why are litigation costs, and the control of those costs, a big issue for discussion and litigation reform?
  • How does the Civil Procedure Act 2005(NSW) seek to address the issue of costs?
  • How can judges address costs related issues?
  • How does Zanella v Maddenillustrate the court's approach to litigation costs under the CPA?
    • Security for costs: Required Reading:
      • KLVM4th ed; Chapter 3 (pages 159-170). For Discussion:
  • What are the two statutory sources of authority for the court's power to order security for costs?
  • Which party may apply for a security for costs order? (Against which party is the order made?)
  • What is the purpose of a court ordering security for costs?
  • Will a court ever be required to issue a security for costs order?
  • Can a court issue a security for costs order even if neither of the statutory sources for authority has been
    • satisfied?
    • Lawyers' ethical obligations to the process: Required Reading:
      • KLVM4th ed; page111-112 [2.270], page 55-57 (NSW Model Litigant Policy [1.390]) For Discussion: What is the primary source of lawyer ethical requirements and obligations in NSW?
  • Outline 2024-1V1 Page 43 of 64
  • Where should a lawyer's ethical duties and obligations be directed?
  • Is a lawyer obligated to follow all client instructions?
    • You will consider the ethical obligations placed on lawyers further when you study the unit "The Legal Profession".

In word count that is suitable.

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