Civil Litigation in New South Wales: Empirical and Analytical Comparisons with Germany

598 Pages Posted: 17 Jul 2010 Last revised: 4 Nov 2010

See all articles by Annette Marfording

Annette Marfording

University of New South Wales (UNSW) - UNSW Law & Justice

Ann Eyland

affiliation not provided to SSRN

Date Written: July 15, 2010

Abstract

This report provides a comprehensive analysis of the civil justice systems of New South Wales and Germany as they operate in practice, informed by an analysis of a number of empirical data collected. These include: available court statistics on delay from the NSW District and Supreme Courts and the Regional Courts in Germany, the state of Baden-Württemberg and the city of Stuttgart in context with central contextual factors impacting on court performance; a court file analysis of 240 first instance civil cases finalised by judgment by the NSW District and Supreme Courts and by the Regional Court Stuttgart in Baden-Württemberg in three paradigmatic case categories; in-depth interviews with 52 trial judges and solicitors in New South Wales and 56 judges and legal practitioners in Baden-Württemberg; and observation of civil proceedings at the NSW District and Supreme Courts and the Regional Court Stuttgart. The comparative analysis has identified key factors that tend to enhance complexity, delay, and litigation costs in New South Wales, and key factors that are conducive to reducing complexity, delay and litigation costs in Germany. The identification of these factors informs recommendations for civil justice reform in New South Wales that are designed to reduce the time taken for civil dispute resolution, reduce litigation costs and enhance access to justice. The analysis and the recommendations made may also be of interest and relevance to other Australian jurisdictions.

Keywords: Civil Justice Systems, New South Wales, Germany

Suggested Citation

Marfording, Annette and Eyland, Ann, Civil Litigation in New South Wales: Empirical and Analytical Comparisons with Germany (July 15, 2010). UNSW Law Research Paper No. 2010-28, Available at SSRN: https://ssrn.com/abstract=1641554

Annette Marfording (Contact Author)

University of New South Wales (UNSW) - UNSW Law & Justice ( email )

Kensington, New South Wales 2052
Australia

Ann Eyland

affiliation not provided to SSRN

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