LWB431 Lecture Notes - Supreme Court Act, Contributory Negligence, Tomlin Order
Document Summary
In some circumstances it is possible to obtain judgment early in a proceeding, without a full trial of all the disputed issues. Ucpr, ch 9 provides for 6 ways that this can occur: An application to have the proceeding dismissed for want of prosecution; An application for judgment in default of the defendant filing a notice of intention to defend; The making and acceptance of an offer to settle the proceeding. Ch 9, part 4 provide for two adr processes: mediation (process where the parties use a mediator to help them resolve their dispute by negotiated agreement without adjudication: district court of queensland act s91, case appraisal. Not defined in rules but defined in each state court acts. A proceeding may reach mediation or case appraisal in two ways: If the adr goes ahead without lodging forms 33 and 34 then it will be informal and the proceedings aren"t stayed (and all previous time limits etc continue): raabe v bnrha.
