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Understanding Civil Procedure Systems

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Questions and Answers

What does s. 35A of the Judiciary Act 1903 (Cth) provide?

Rules for appellate court procedures

Criteria for the grant of special leave (correct)

Requirements for filing a lawsuit

Guidelines for judicial appointments

According to s. 66 of the Civil Procedure Act 2010, what can the court do in most jurisdictions?

Appeal all decisions to a higher court

Force mediation on disputing parties

Refer any proceeding to appropriate ADR (correct)

Dismiss cases without hearing

What is defined as 'appropriate dispute resolution' in s. 3?

Automatic referral to mediation

Court judgment without party consent

Process where parties negotiate a settlement (correct)

Mandatory arbitration for all disputes

In the context of ADR, what must the court attain party consent for a reference to?

Arbitration Signup and view all the answers

Why is Alternative Dispute Resolution (ADR) considered desirable?

More cost-effective than litigation Signup and view all the answers

What role does mediation play in appropriate dispute resolution?

Helps parties negotiate a settlement Signup and view all the answers

What is NOT mentioned as a type of 'ADR' in the text?

'Cyber' Dispute Resolution Signup and view all the answers

Which ADR method typically results in a binding decision?

'Experts' Determination Signup and view all the answers

What must the court do before referring a case to Arbitration in ADR?

Attain party consent Signup and view all the answers

What aspect makes ADR more attractive compared to traditional litigation?

Cost-effectiveness Signup and view all the answers