Part 2.1 - Overarching Purpose

Question 1

7 - Overarching Purpose (JETC resolution real issues in dispute - including by determination/agreement/ADR)

Answer 1

S7(1): overarching purpose of this Act and court Rules is to facilitate the just, efficient, timely and cost-effective resolution of the real issues in dispute
7(2) without limitation, by (a) determination of proceeding by the Court; (b) agreement between the parties; (c) ADR

Question 2

8 - Court to give effect to overarching purpose (in exercising all powers)

Answer 2

● (1) must seek to give effect in the exercise of any of its powers In the interpretation of any of its powers
● → (a)-(c) not just under this Act, also inherent/ implied/ other statutory jurisdiction
● (2) Applies despite Charter or law to the contrary.

Question 3

Court’s powers to further the overarching purpose

Court shall further the o/a purpose by having regard to following objects (9(1))
(7 objects)
- just determination; public interest; efficient conduct; efficient use; minimizing delay by fair/just determination; prepare case for trial; timely determination; proportionate determination

Answer 3

Court shall further the o/a purpose by having regard to following objects (9(1))
(7 objects)
(a) Just determination of the civil proceeding
● (b) Public interest in early settlement disputes by agreement
● (c) Efficient conduct of business of the court
● (d) Efficient use of judicial and admin resources
● (e) Minimising delay between commencement and listing for trial to that reasonably necessary for any interlocutory steps that are necessary for:
○ (i) Fair and just determination of real issues in dispute
○ (ii) Preparation of the case for trial
● (f) Timely determination of the civil proceeding
● (g) Dealing with the proceeding in a manner proportionate to:
○ (i) complexity / importance of issues in dispute
○ (ii) Amount in dispute

Question 4

For the purpose of the above, Court may have regard to following matters (2):
(8 matters - pre-litigation processes; reasonable endeavours; promptness (lack of) - degree to which OA compliance; prejudice; public importance of issues; extent to which parties have had benefit)

Answer 4

● (a) Extent to which parties have complied w / any mandatory or voluntary pre-litigation processes
● (b) Extent to which parties have used reasonable endeavours to resolve or limit issues in dispute
● (c) Degree of promptness with which parties have conducted proceeding including whether they have been timely in undertaking interlocutory steps
○ (d) If lack of promptness — was it due to circs outside of their control?
● (e) Degree to which people have complied with their o/a obligations in relation to the proceeding
● (f) Any prejudice that may be suffered by a party as a consequence of proposed order/ direction
● (g) Public importance of issues in dispute and desirability of a judicial determination of those issues
● (h) Extent to which prties have had benefit of legal advice/ rep

(3) Section doesn’t (a) limit courts power to make orders/give directions or (b) from considering other matters when so doing