Overview
This lecture covers rules and principles concerning the parties to litigation, joinder of parties and causes of action, handling of non-compliance, amendment, and the calculation and modification of time periods in civil procedure.
Joinder of Parties and Claims
- Joinder procedures aim to avoid multiple lawsuits, inconsistent results, and promote finality.
- Permissive joinder allows multiple parties if claims arise from the same event or legal question (rule 65).
- Mandatory joinder requires all necessary and jointly entitled parties to be included (rules 62-64, 66-67).
- Joinder of claims by a plaintiff is allowed if a common question of law/fact or same transaction exists, or with court's leave (rule 60).
- Defendants may file counterclaims and set-offs; these can involve new parties and are subject to specific rules (rules 175-185).
Addition, Substitution, and Removal of Parties
- Rule 69 allows inclusion of necessary/desirable parties, and removal of those improperly joined.
- The court usually cannot add/replace parties after a limitation period unless strict criteria are met (rules 69-2, 69-3).
Rules for Particular Parties
- Persons under a disability must participate through a litigation guardian (rules 93-99).
- Proceedings against partnerships can be brought in firm's name (rules 82-89).
- Corporations sue or are sued under their registered name as per legislation.
Consolidation and Representative Proceedings
- Multiple proceedings can be consolidated to save costs and time (rules 78-81).
- Representative and class actions allow one or more to sue/defend on behalf of all with the same interest (rules 75-77).
Third Party Proceedings and Cross Claims
- Defendants can initiate third-party actions for contribution/indemnity or related relief (rules 191-207).
- Third-party proceedings follow similar rules to main claims.
Non-Compliance and Amendment
- Non-compliance is generally an irregularity, not a nullity; courts have discretion to make various orders (rules 371-374).
- Amending documents is generally allowed unless after the limitation period, where stricter rules apply (rules 375-377).
- Courts consider factors like prejudice, explanation for delay, and impact on case management when granting amendments.
Slip Rule, Want of Prosecution & Self-Executing Orders
- The slip rule lets courts correct clerical or accidental errors in judgments/orders at any time (rule 388).
- Proceedings may be dismissed for want of prosecution if not diligently pursued (rule 280).
- Self-executing orders automatically set consequences for non-compliance (rule 374).
Calculation, Extension, and Reduction of Time
- Time is calculated excluding the first day of the relevant event (Acts Interpretation Act 1954, s38).
- Courts may extend or reduce time limits for any procedural step (rule 7).
Key Terms & Definitions
- Joinder — Inclusion of multiple parties or claims in one proceeding.
- Res judicata — Principle preventing re-litigation of matters already judged.
- Issue estoppel — Prevents re-determination of a legal/factual issue previously decided.
- Counterclaim — Defendant’s claim against the plaintiff or a third party within the same proceeding.
- Litigation Guardian — Person appointed to act for someone under a legal disability.
- Slip Rule — Court’s power to correct accidental errors in judgments/orders.
Action Items / Next Steps
- Study rules and statutes cited (e.g., UCPR rules 60-77, 175-207, Acts Interpretation Act s38).
- Review case examples mentioned for context on amendments.
- Prepare for next topic: Pleading and summary disposition.