judicial powers of case management

Question 1

what is case management?

Answer 1

a method used by courts and tribunals to control the progress of legal cases more effectively and efficiently.

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

how do courts try to achieve this overarching purpose?

Answer 3

through judges actively managing cases, including the power to give directions to the parties; one of which includes ordering the parties to attend mediation.

Question 4

what is ‘the power to give directions’?

Answer 4

directions are instructions given by the court to one or more of the parties, which impose an obligation on a party to do something by a certain time or specifies how a civil proceeding is to be conducted.

Question 5

when can directions be given?

Answer 5

they can be given before or during a trial.

Question 6

what does giving directions allow the judge to do?

Answer 6

allows the judge to maintain control of a proceeding, so delays are minimised and parties are given the opportunity to know the case against them, etc.

Question 7

what are the benefits of ordering mediation?

Answer 7

• assists in the prompt and economical resolution of the dispute.
• has all the strengths of mediation.