Legal research guide: Procedure: Key resources
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.”
(Lexis+)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 They were published in ring-binders so that as the law changed superceded pages could be removed and new pages inserted.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.
In this day and age, most are now available online and are updated daily. These can be accessed via the respective database.
Getting started: Legal dictionaries and encyclopaedias
Procedure legal research resources
The Lawlex Database can be used to look for Legislation and Delegated Legislation from various jurisdictions. But the true value lies in using it to look for Extrinsic Materials relating to various kinds of Legislation. For instance, Explanatory Memoranda, Hansard and Second Reading Speeches. This kind of information is usually found in the Related Links section of Lawlex. So look out for any links to Extrinsic Materials, next time you are using the Lawlex Database!
Procedural resources for Western Australia
- Civil Procedure Western Australia: Supreme & District Courts (Lexis+)Also known as Seaman's Red Book.
Contains commentary, legislation and forms relating to the WA Supreme & District Courts.
Available online through Lexis+. - Civil Procedure Western Australia: Magistrates Court (Lexis+)Contains commentary, legislation and forms relating to the WA Magistrates Court.
Available online through Lexis+. - Civil Procedure in Western Australia: A Practice ManualAlso known as 'The Blue Book'.
Contains forms arranged in alphabetical order with brief commentary.
Only available in print in the Beasley Law Library main collection (347.94105 1998 CIV). - Lawyers Practice Manual Western Australia (Westlaw AU)An online guide which deals with everyday questions of legal practice and procedure.
- Western Australian Law AlmanacThe Western Australian Law Almanac contains judicial and other appointments to the various Western Australian courts, tribunals and statutory offices related to the administration of law in WA.
TIP! Use the search box in the top right hand corner of the page to search the Almanac.
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Legal reference resources
- Encyclopaedic Australian Legal DictionaryUse a Legal Dictionary to define unfamiliar terms - really useful when you're first beginning your research in a new area.
- Halsbury's Laws of AustraliaThe most useful chapters are:
[125] Courts & Judicial System
[195] Evidence
[325] Practice and Procedure - Laws of AustraliaThe most useful chapters are:
[5] – Civil Procedure
[13] – Dispute Resolution
[16] – Evidence
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, Evidence and Procedure Law (CCH iKnowConnect)Contains Commentary on these areas:
- High Court and Federal Court practice
- Administrative Appeals Tribunal practice
- Uniform Evidence Law - Discovery and Interrogatories Australia (Lexis+)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 UK 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 Forms21st 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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