Overarching Purpose (CPA) Flashcards

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1
Q

What is the overarching purpose?

A

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

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2
Q

How may the overarching purpose be achieved?

A
  • Determination by the Court
  • Agreement between the parties
  • Appropriate dispute resolution
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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.

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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
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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
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