LAWS50027 Study Guide - Final Guide: Summary Judgment, Res Judicata, Affidavit
3 Aug 2018
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Role of lawyers: gatekeepers, wise counsellor (best interest of clients), hired guns (win case, money) S 7(1): just, efficient, timely, cost-effective resolution of real issues in dispute. S 7(2): achieved by determination by courts, agreement between parties. S 8: court give effect to op in exercise of its powers (inherent, implied, statutory jurisdiction) S 9(1): court further op by having regard to just determination, public interest of early settlement etc. (check pg1) S 9(2): for (1) court may have regard to extent of compliance etc. (check pg1) Application of oo (cpa part 2. 2); pg 4-5. Victorian professional conduct rules (r 16); [3: no coercive powers of court invoked or make allegations against person and not allege criminality fraud etc. unless proper basis. Genuine steps (civil dispute resolution act 2011); [3] S 6: applicant file genuine steps statement at time of filing application specifying steps taken to try to resolve, or why no steps taken (urgency, security?)
