Model Litigant Guidelines – Current and Emerging Issues

Abstract

Since the mid-1990s most Australian jurisdictions have adopted, either through subordinate legislation or through internal government directives, rules regarding how government agencies should behave when participating in litigation. While these rules met an immediate need associated with the outsourcing of legal work to private law firms, this chapter argues that they are unsuited for enduring use: they lack a proper rationale, they are poorly worded and uncertain in their meaning; it is unclear whether and how courts should enforce them, and they have not been reviewed to take account of the more recent developments in civil procedure.

Citation

Gibson, I.H. (2016), "Model Litigant Guidelines – Current and Emerging Issues", Contemporary Issues in Applied and Professional Ethics (Research in Ethical Issues in Organizations, Vol. 15), Emerald Group Publishing Limited, Leeds, pp. 61-83. https://doi.org/10.1108/S1529-209620160000015004