LAWS50027 Study Guide - Final Guide: Inherent Jurisdiction, Disclose, Natural Person
3 Aug 2018
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Document Summary
S 7(1): the overarching purpose of this act and the rules of court in relation to civil proceedings is to facilitate the just, efficient, timely and cost-effective resolution of the real issues in dispute. S 16: paramount duty to the court (including when undertaking adr in context of dispute. Court"s (cid:373)ust gi(cid:448)e effe(cid:272)t to the purpose in exercise of its powers (inherent jurisdiction or common law) no matter what. 9(1) further purpose by having regard to just determination, public interest in early settlement, efficient conduct of business, efficient use of resources, minimising delay, timely determination, proportionate to complexity and amount. S 19: only to take steps to resolve or determine dispute. S 20: cooperate in the conduct of the dispute. S 22: use reasonable endeavours to resolve the dispute by agreement or by adr (unless not in the interests of justice or dispute of a nature that only judicial determination is appropriate.
