Overarching Obligations (CPA) Flashcards
What is the paramount duty?
Lawyers have a paramount duty to the court to further the administration of justice, including interlocutory applications, proceedings, appeals, and appropriate dispute resolution.
What is the overarching obligation to act honestly?
Must act honestly at all times in relation to civil proceeding.
What is the overarching obligation for a proper basis?
Claims must have a proper basis in law and fact, and not be frivolous, vexatious or abuse of process.
What is the overarching obligation to take steps to resolve the dispute?
Must only take steps they reasonably believe necessary to resolve or determine the dispute.
What is the overarching obligation to cooperate?
Must cooperate with all parties and the court in the conduct of the civil proceeding.
What is the overarching obligation not to mislead or deceive?
Must not engage in misleading or deceptive conduct in respect of a civil proceeding.
What is the overarching obligation to use reasonable endeavours to resolve the dispute?
Must use reasonable endeavours to resolve the dispute by agreement including appropriate dispute resolution, unless it is not in interests of justice to do so or is of a nature that only judicial determination is appropriate.
What is the overarching obligation to narrow the issues in dispute?
Must use reasonable endeavours to resolve issues in dispute by agreement and narrow scope of the remaining issues, unless it is not in the interests of justice to do so or is of a nature that only judicial determination is appropriate.
What is the overarching obligation to ensure costs are reasonable and proportionate?
Must use reasonable endeavours to ensure costs are reasonable and proportionate to the complexity or importance of the issues and the amount in dispute.
What is the overarching obligation to minimise delay?
Must use reasonable endeavours to act promptly and minimize delay.
What is the overarching obligation to disclose the existence of documents?
Generally, person must disclose the existence of all documents of which they are aware and that they consider to be critical to resolving the dispute at the earliest reasonable time they become aware of the document or as the court directs. This does not apply to privileged documents.
What is the overarching obligation that protects and restricts the use of information and documents disclosed?
Person must not use such information or documents for a purpose other than the CP. Parties may agree to, or court may, release from obligation. Disclosed information or documents must be discovered.
What are the overarching obligations?
To act honestly.
Requirement of proper basis.
To only take steps to resolve or determine dispute.
To cooperate in the conduct of civil proceeding.
Not to mislead or deceive.
To use reasonable endeavours to resolve dispute.
To narrow the issues in dispute.
To ensure costs are reasonable and proportionate.
To minimise delay.
To disclose existence of documents.
Protection and use of information and documents disclosed.
