How product liability litigation is conducted
In Australia, product liability litigation is typically conducted in the Federal Court, or in the Supreme, District or County / Local courts of one of Australia’s states or territories. Most significant actions are commenced in a state capital; for example, Sydney, Melbourne, Brisbane and Perth have been the centres of much multi-plaintiff product liability litigation.
Australian courts operate on an adversarial basis. The Australian legal system has its origins in the English legal system. As a result, there are a number of fundamental differences between the procedures in Australia and those in the US.
- Australia does not have any procedure for depositions before trial; instead the system places greater emphasis on documentary discovery – producing documents that are relevant to determining the issues in dispute.
- Although the courts of the states and territories have provisions for jury trials in civil actions, juries are rare in most jurisdictions other than Victoria, and there are no jury trials in the Federal Court.
- A successful party to litigation will usually recover a proportion of the costs of the litigation – including lawyers’ fees and disbursements – from the unsuccessful party.