Overarching Purpose (CPA) Flashcards
1
Q
What is the overarching purpose?
A
To facilitate the just, efficient, timely and cost-effective resolution of the real issues in dispute.
2
Q
How may the overarching purpose be achieved?
A
- Determination by the Court
- Agreement between the parties
- Appropriate dispute resolution
3
Q
How is the Court to give effect to overarching purpose?
A
Court must seek to give effect to OP in exercise or interpretation of its powers, whether part of the Court’s inherent jurisdiction, statutory jurisdiction, common law, or rules.
4
Q
What must the Court have regard to in making any order or direction to further the overarching purpose?
A
- The just determination of CP
- Public interest in early settlement
- Efficient conduct of the court
- Efficient use of judicial resources
- Minimise delay between commencement and listing for trial
- Timely determination of CP
- Dealing with a CP in a manner proportionate to complexity, importance, or amount
5
Q
What may the Court have regard to in making any order or direction to further the overarching purpose?
A
- Extent parties have complied with mandatory or voluntary pre-litigation process
- Extent to which parties have used reasonable endeavours to resolve dispute
- Degree of promptness parties have conducted proceeding
o Degree to which parties have been timely in undertaking interlocutory steps - Degree lack of promptness has arisen from circumstances outside party’s control
- Degree persons to which OO apply have complied with OO
- Prejudice which may be suffered as a consequence of any order or direction
- Public importance of issues in dispute
- Extent parties have legal advice and representation