Overall principles for case management

Question 1

What is the overriding purpose of the CPA and the rules of Court?

Answer 1

The Court and the parties are required to conduct the proceedings with the overriding purpose of facilitating the just, quick and cheap resolution of the real issues in the proceedings: s 56. Proceedings are to be managed having regard to the objects in s 57 (justice and efficiency) and in making orders the Court must seek to act in accordance with the dictates of justice s 58. Court must implement practice and procedures with object of eliminating delay s 59 and in a way that costs are proportionate to the importance and complexity of the dispute: s 60.

FCA s 37M overarching objective is to resolve disputes justly, according to law and as quickly, inexpensively and efficiently as possible. PN CPN 1

Question 2

Jurisdictional limit of the Local Court

Answer 2

Small claims division - up to $10,000
General division - up to $100,000 ($60k for personal injury).
S 29

Excludes passing off or wrongful imprisonment s 33

Question 3

Jurisdictional limit of District Court

Answer 3

Hear any action could be brought in CL division of Supreme Court that does not exceed $750,000. No monetary limit for motor accident claims, work injury claims s 44 or where parties consent s 51

Question 4

Supreme Court jurisdiction

Answer 4

Section 38: CoA, CL and equity. CL is damages claims for personal injury, professional negligence, defamation, admin law where more than $750k is claimed. Equity: commercial law, equity, corps law, trust, private and matters pursuant to family provisions

Question 5

Equitable jurisdiction of DC

Answer 5

Temporary injunctions - no more than 14 days for trespass or nuisance or where breach of negative stipulation in a contract that consideration for which does not exceed 20k: s140

Ancillary jurisdiction where COA properly within jurisdictional limit s 46 including search and freezing

Section 134 limit jurisdiction eg equitable claims for damages, specific performance in certain claims up to $20k

Unclear whether power to make declarations

Question 6

Court’s power to dispense with compliance

Answer 6

S 14 CPA if satisfied appropriate or s 6 procedural irregularities.

Question 7

General powers of Court

Answer 7

Give directions with respect to any aspect of p and p s 16, general power give directions in ss 61-2 and 86 also UCPR r 2.1 and 2.3

Question 8

Slip rule

Answer 8

R 36.17 corrrctions to judgments and orders where clerical error

Question 9

Aon v ANU

Answer 9

Focus in CM is not just justice but also cost and delay - not just for litigants but court resources, other litigants and public confidence in the legal system