Civil Procedure And Arbitration

Table of Contents

Introduction.

Body.

Analysis of legal principles.

Legal document

Conclusion.

References.

Introduction to Civil Procedure And Arbitration

To encounter basis and to have in-depth knowledge of legal principles and process of act and legislation present at any place. It is imperative to study its litigation principles and to focus more on the known and authentic law so that the solution to legal problems is present effectively. Therefore, under the thread of acts and resolutions, NSW or New South Wales is provided. This legislation contains the authentic Acts based on daily life legal problems faced by organizations and individuals on a small or more significant scale. According to the website of NSW legislation, the material, legal issues, and their related acts are updated in this legislation to avoid ambiguities and further problems[1]. Therefore, the legal principles and processes of Australian civil litigation also exist that mainly focus on New South Wales legislation and acts to resolve the legal issues.

Those legal principles and procedures will be covered below in the research report. The assessment to gain a clear understanding of these legal issues quoted by Australian civil litigation, along with their relation to NSW Acts, will take place. The next part of this report will contain the legal document, which will formulate the context of a given case as well as will relate to the civil procedure suited to the audience. A legal document is a sort of contract prepared when a person enters into a lawsuit, agreement about real estate, and to address any other legal issue. The legal document is an updated draft according to the problem faced legally, which in this case is about Maverick, who is 69 years old man facing post issues due to ineffective treatment of Dementia.

Body of Civil Procedure And Arbitration

Analysis of Legal Principles

New South Wales legislation is mainly an Act presented in each house of Parliament, and in return, it received the Royal Assent and then considered legally as a law. Therefore, NSW legislation is used by most of the law of countries to resolve the legal issues taking place in the daily lives of people, organizations, and more factors. There are some Acts and regulation placed in New South Wales legislation which can be focused by various litigations present to resolve the legal issues all around. In NSW legislation, a list of all acts and regulations incorporating all the amendments listing from A to Z and sorted alphabetically according to the activity name or the principal is present[2]. Whenever any legal issue needs to be resolved, various current civil litigations are checked out with a deep focus on New South Wales legislation to solve them effectively. Therefore, the discussion over legal principles and processes of Australian civil litigation is going to be discussed below with its relation to NSW legislation.

As far as the analysis of legal principles and procedures of Australian civil litigation is concerned, it is vital to understand what Australian civil litigation is. Some regulations and techniques are covered that contain the stages of litigation to resolve the frequently occurring legal disputed, which may address the NSW legislation. According to Australian civil litigation, one principle says to confirm the equality between both parties before getting into law and act consideration. Another code is the use of checks and balances overpower. This thing means both parties need to focus all of their effecting factors regardless of their ability and Name[3]. Presumption of innocence is also not acceptable according to Australian civil litigation as both parties have alleged the other for something so no one can assume someone as innocent before getting into the law. Freedom of speech is another vital principle covered in this litigation, which, according to NSW legislation, needs to be assured before the conduction of hearing in the court. Access to justice is a principle that is not new and is the most fortunate principle and procedure followed in the fundamental law. Both the parties get into a dispute, and then innocent one always looks for justice, which it gets after going through some processes following the acts and regulations as per NSW legislation.

There are five essential stages of litigation, according to Australia civil litigation when the legal dispute needs to be resolved in the courtroom, and these stages also link to the already mentioned acts in NSW legislation. Pre-action conduct is the first stage to be followed as per act and regulations in the courtroom. The next procedure is allotting the claims, and then the exchange of case statement takes place. Further, according to Australian civil litigation, the shreds of evidence are exchanges that play a significant role in proving the innocence of one party. The trial takes place after this in case the pieces of evidence are not enough to declare the judgment. Post-trial is the last and additional stage according to Australian civil litigation, which comprises of appeal and enforcement process.

Legal Document

Whenever there is a need to address the civil procedure which may suit the audience, a legal document is created. A legal document contains a text needed when a person is going to enter a lawsuit, a contract related to real estate, or any other business deal. The aim behind the formulation of this legal document is to prepare a personal legal statement to avoid future disputes and to avoid the expense of an attorney[4]. The legal document is formulated below, relating to the given context. According to the given case, the legal document will base on the contract being processed over the will, which is between Maverick, who is suffering from Dementia, and Dr. Jones from StemGenMed. Before Maverick permits Dr. Jones to inject the stem cells into his body as a treatment of Dementia, he must formulate a legal document to provide his will. The presence of legal documents will prove that Maverick was aware of postsurgical complications of the injections and was still agreed to carry on the treatment. But in case the difficulties get serious, there will be a legal action on the doctor. The legal document produced is as follows.

Will to get into the lawsuit and treatment for Dementia

I Maverick is creating my will declaration with entirely present in my senses and declare this to be my will before I undergo the treatment for the disease I am suffering from.

Identification of disease

Dementia is a sort of disease that results in the loss of memory, thinking, decision-making, and other problem-solving abilities and has a considerable impact on the daily life of the patient.

Declaration of my will

As Dr. Jones has told me that he will be treating my disease by taking stem cells taken from my fat tissue and will inject them into my own body will be considered as a treatment. The consent form was given to me, and I had filled that. I want to declare that I am ready to get this treatment done, but in case of any problem or postsurgical complications, I pertain an absolute right to sue Dr Jones and his clinic legally. I will be collecting evidence and feedbacks from his other clients, too, before filing a case on Dr. Jones. Therefore, all the responsibility lies over Dr. jones, and I have a right to sue him for his incorrect act legally. I am already aware of postsurgical complication which may arise, but Dr. Jones assures that it will be alright after I get an injection.

Regards Maverick

Conclusion on Civil Procedure And Arbitration

It is concluded that NSW legislation contains the authentic Acts based on daily life legal problems faced by organizations and individuals on a small or more significant scale. According to the website of NSW legislation, the material, legal issues, and their related acts are updated in this legislation to avoid ambiguities and further problems. The legal principles and processes of Australian civil litigation also exist that mainly focus on the New South Wales legislation and acts to resolve the legal issues. Those legal principles and procedures are covered above in the research report. Some regulations and techniques are covered that contain the stages of litigation to resolve the frequently occurring legal disputed, which may address the NSW legislation. Those principles and procedures are also covered in the report above with a focus on New South Wales legislation.

There are five essential stages of litigation, according to Australia civil litigation when the legal dispute needs to be resolved in the courtroom, and these stages also link to the already mentioned acts in NSW legislation. A legal document contains a text required when a person is going to enter a lawsuit, a contract related to real estate, or any other business deal. The aim behind the formulation of this legal document is to prepare a personal legal statement to avoid future disputes and to avoid the expense of an attorney. Then in the report, a legal document relevant to the given context was created, which declared the will of Maverick to get the treatment of Dementia as well as what will be the consequences in case of complication.

References for Civil Procedure And Arbitration

"Research Guides: Government Legislation & Publications: New South Wales: Acts And Regulations", Guides.Sl.Nsw.Gov.Au (Webpage,2020) <https://guides.sl.nsw.gov.au/government_legislation_and_publications_nsw/acts_and_regulations>

"Research Guides: New South Wales Government Publications: Legislation", Guides.Slv.Vic.Gov.Au (Webpage,2020) <https://guides.slv.vic.gov.au/nswgovpubs/legislation>

"Rule Of Law Institute Of Australia - What Is The Rule Of Law?", Ruleoflaw.Org.Au (Webpage, 2020) <https://www.ruleoflaw.org.au/guide/index.html>

"Legal Document Templates", Rocketlawyer.Com (Webpage,2020) <https://www.rocketlawyer.com/article/legal-document-templates.rl>

[1] "Research Guides: Government Legislation & Publications: New South Wales: Acts And Regulations", 

[2] "Research Guides: New South Wales Government Publications: Legislation", Guides.Slv.Vic.Gov.Au (Webpage, 2020)

[3] "Rule Of Law Institute Of Australia - What Is The Rule Of Law?", Ruleoflaw.Org.Au (Webpage, 2020)

[4] "Legal Document Templates", Rocketlawyer.Com (Webpage, 2020)

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