LAWS4001 Lecture Notes - Lecture 1: Civil Procedure Rules, Australian National University, Unfair Prejudice In United Kingdom Company Law
Week 2 – Case Management
Case Management
CPA Division 2 of Part 6:
s 61: Directions as to practice and procedure generally. Subsection 1 states the
court may give orders as it thinks fit for the speedy determination of the real issues.
s 62 Directions as to conduct of hearing.
s 63: directions with respect to procedural irregularities. Failure to comply does
not invalidate the proceedings, subject to subsection 3 where the court has power to
set aside proceedings.
UCPR Part 2:
r 2.1 - the court may give directions and make such orders for the conduct of any
proceedings as appear convenient for the just, quick and cheap disposal of the
proceedings .
r 2.3 - directions and orders may relate to and of the listed court processes for the
purposes of case management.
Application:
Courts balance the dictates of justice (allowing parties to make amendments etc)
against the need to keep proportionate costs and eliminating delay.
Court is required to give weight to all three considerations: Dennis v Australian
Broadcasting Corp.
The powers of the court to issue directions and so on under the CPA and the
UCPR mean that the process of justice is overlaid with the consideration of delay and
costs: Aon Risk Services Australia v ANU
There is no right to an indulgence (eg, amendments of pleadings or
adjournments), costs order not always sufficient to compensate injustice: Aon Risk
Services Australia v ANU
find more resources at oneclass.com
find more resources at oneclass.com
CIVIL PROCEDURE ACT 2005 (Part 6)
s 56: Overriding purpose
(1) The overriding purpose of this Act and of rules of court, in their application to civil
proceedings, is to facilitate the just, quick and cheap resolution of the real issues in
the proceedings.
(2) The court must seek to give effect to the overriding purpose when it exercises any power given
to it by this Act or by rules of court and when it interprets any provision of this Act or of any such
rule.
(3) A party to civil proceedings is under a duty to assist the court to further the overriding purpose
and, to that effect, to participate in the processes of the court and to comply with directions and
orders of the court.
(4) Each of the following persons must not, by their conduct, cause a party to civil proceedings to
be put in breach of a duty identified in subsection (3):
(a) any solicitor or barrister representing the party in the proceedings,
(b) any person with a relevant interest in the proceedings commenced by the party.
(5) The court may take into account any failure to comply with subsection (3) or (4) in exercising
a discretion with respect to costs.
(6) For the purposes of this section, a person has a
"relevant interest" in civil proceedings if the person:
(a) provides financial assistance or other assistance to any party to the proceedings, and
(b) exercises any direct or indirect control, or any influence, over the conduct of
the proceedings or the conduct of a party in respect of the proceedings.
Relevant interest are insurers and persons who fund litigation
They receive a share of damages: most popular in class actions
Direct or indirect control: sometimes conflicts of interest
s 57: Objects of Case Management
(1) For the purpose of furthering the overriding purpose referred to in section 56
(1), proceedings in any court are to be managed having regard to the following objects:
(a) the just determination of the proceedings,
(b) the efficient disposal of the business of the court,
(c) the efficient use of available judicial and administrative resources,
(d) the timely disposal of the proceedings, and all other proceedings in the court, at a cost
affordable by the respective parties.
(2) This Act and any rules of court are to be so construed and applied, and the practice and
procedure of the courts are to be so regulated, as best to ensure the attainment of the objects
referred to in subsection (1).
s 58: The court to follow the dictates of justice
(1) In deciding:
(a) whether to make any order or direction for the management of proceedings,
including:
(i) any order for the amendment of a document, and
(ii) any order granting an adjournment or stay of proceedings, and
(iii) any other order of a procedural nature, and
(iv) any direction under Division 2, and
(b) the terms in which any such order or direction is to be made,
the court must seek to act in accordance with the dictates of justice.
(2) For the purpose of determining what are the dictates of justice in a particular case, the court:
(a) must have regard to the provisions of sections 56 and 57, and
(b) may have regard to the following matters to the extent to which it considers them relevant:
(i) the degree of difficulty or complexity to which the issues in the proceedings give rise,
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Cpa division 2 of part 6: s 61: directions as to practice and procedure generally. Subsection 1 states the court may give orders as it thinks fit for the speedy determination of the real issues. s 62 directions as to conduct of hearing. s 63: directions with respect to procedural irregularities. Failure to comply does not invalidate the proceedings, subject to subsection 3 where the court has power to set aside proceedings. Courts balance the dictates of justice (allowing parties to make amendments etc) against the need to keep proportionate costs and eliminating delay. Court is required to give weight to all three considerations: dennis v australian. The powers of the court to issue directions and so on under the cpa and the. Ucpr mean that the process of justice is overlaid with the consideration of delay and costs: aon risk services australia v anu.
