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What is procedural law?
“A body of rules prescribing the manner, form, and order in which matters may be dealt with and enforced in a judicial forum. Procedural law includes the formal steps to be taken in an action such as pleading, process, evidence, and practice.”
Encyclopaedic Australian Legal Dictionary (Lexis Advance)
Did you know?
Many of the resources listed in this guide started as paper loose-leaf services. This type of publication lends itself to procedural law because it brings together both primary and secondary source materials and is easily kept up-to-date with new developments.
Historically, only paper loose-leaf services were available. They were published in ring-binders so that as the law changed superceded pages could be removed and new pages inserted. Updates were usually published weekly or monthly.
Although the Beasley Law Library still keeps some of these services on the shelf, most are now available online and are updated daily.
Getting started: Legal dictionaries and encyclopaedias
Procedure legal research resources
Procedural resources for Western Australia
Legal reference resources
Court websites and procedural resources for other jurisdictions
Below are links to some of the court websites that you might frequently visit while studying Procedure.
Expert Evidence (Westlaw AU)
Combines analysis of the law about expert evidence with coverage of criminal, family, compensation, injury, company, commercial, intellectual property, environmental and building law
Quick on Costs (Westlaw AU)
Law of costs as it applies in the Supreme Courts of the States and Territories of Australia, the High Court of Australia, the Federal Court of Australia, and the Family Court of Australia as well as the English High Court.
Litigation & Court Practice (CCH IntelliConnect)
- Australian Administrative Appeals Tribunal practice commentary and legislation
- Australian Federal Magistrates Court practice commentary and legislation
- Australian High Court and Federal Court practice commentary and legislation.
Discovery and Interrogatories Australia (Lexis Advance)
We're all aware of how essential the discovery of information is to litigation. Discovery and Interrogatories encompasses the significant changes which have occurred in the last few years to the discovery process. This publication is an Australia-wide treatment of the law relating to the use of information in litigation, Anton Piller orders and Mareva injunctions, procedures by which documents should be produced to court, sanctions for failing to produce documents or answer interrogatories, and many more topics.
Quick links to the Civil Procedure books for other Australian states
Why would these be relevant to you?
WA Supreme Court Civil Procedure Rules were enacted in 1971 and were based on the English Rules of the time. Since then there have been a few amendments to WA rules but no major revision so the UK interpretations are still useful.
In the UK, the Civil Procedure Rules were considerably revised from the mid 1980’s. To interpret the WA rules you can use the UK White Book up to the mid 80’s. After that the rules changed.
Old editions of the White Book (The Supreme Court Practice) can be recalled from Welshpool Store.
The White Book (Westlaw UK)
TIP! Click the Westlaw link in OneSearch.
Contains commentary on the rules of civil procedure for the county courts, the High Court, and the Civil Division of the Court of Appeal in England and Wales, as well as commentary on other rules of court, practice directions, and other issues arising in the U.K. civil justice system.
Bullen & Leake & Jacob's Precedents of Pleadings (Thomson Reuters Westlaw)
TIP! Click the Westlaw link in OneSearch.
Covers the drafting of statements of case and other court papers under the rules of civil procedure for England and Wales, including authoritative precedents and guiding commentary.
Chitty and Jacob's Queen's Bench Forms
21st edition (1986) available in the Law Library Main Collection (347.42027 1986 CHI). May be used as a guide if there is no other appropriate prescribed form.
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