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Where am I now? Lawlink > Law Reform Commission > Publications > Summary of Proposals and Terms of References

Working Paper 14 (1975) - Procedure: Common Law Pleadings; Scotts Schedules

Summary of Proposals and Terms of References

History of this Reference (Digest)

In this working paper we propose certain changes in procedure relating to civil actions in the Supreme Court and District Court. The changes relates to

(a) Common Law Pleadings. In most actions at common law the parties must file and serve pleadings, the plaintiff setting out his claim and the defendant his answer to the claim. We recommend that in all non-jury actions the parties be allowed to proceed to trial without formal pleadings. We suggest an alternative procedure.

(b) Scott Schedules. In building, engineering and other similar technical cases involving large numbers of disputed items a plaintiff in the District Court is required to file a schedule in a form setting out particulars of the various items the subject of the dispute and showing the nature of that dispute. We recommend that the District Court practice be extended and that it be adopted in the Supreme Court.

The proposals are made in relation to the following terms of reference

    “To review the procedures used and remedies available in the civil and criminal courts, including the enforcement of judgements and orders; in doing so, to have regard for the functions of the Rule Committee of the Supreme Court, other rule making authorities, and of the Criminal Law Committee; and to consider what reforms should be made for the more convenient cheap and efficient disposal of legal matters which now come or might be brought before the courts.”

 
Preface | Summary of Proposals and Terms of Reference | Part 1
Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Scott Schedules
Annexure “A”
 
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