7.7 Judicial powers of case management

Question 1

What are the two main sources of case management?

Answer 1

• the rules of the court, being the Magistrates’ Court General Civil Procedure Rules 2010 (Vic), the County Court Civil Procedure Rules and the Supreme Court (General Civil Procedure) Rules
• the Civil Procedure Act

Question 2

What is the overarching purpose of the CIvil Procedure Act?

Answer 2

To facilitate the just, efficient, timely, and cost-effective resolution of the real issues in dispute

Question 3

What does the power to order mediation entail?

Answer 3

A judge/Magistrate has the power to make an order referring civil proceedings to mediation, at any time of the proceeding.

Question 4

How does the power to order mediation benefit the dispute?

Answer 4

Mediation can assist the prompt and economical resolution of a dispute, as parties may be able to settle the dispute before trial

Question 5

What does the power to give directions entail?

Answer 5

A direction is an instruction given by the court to one or more of the parties, which imposes an obligation on a party to do something by a certain time, or specifies how a civil proceeding is to be conducted

Question 6

What is the benefit that the power to give directions have on the dispute?

Answer 6

Delays are minimised and the parties know what procedures they need to follow

Question 7

What are directions before a trial?

Answer 7

• the conduct of proceedings
• timetables or timelines for any steps to be undertaken
• participating in any method of dispute resolution, such as mediation
• expert evidence, including directions about limiting expert evidence to specific issues
• the allowance for a party to amend a pleading
• discovery, including relieving a party from the obligation to provide discovery, or limiting discovery.