Part 2.2 - Application of the Overarching Obligations

Question 1

Application of overarching obligations—

participants (10(1)) - persons, LPs, law practice, controlling financiers, any EW, but not witnesses

Answer 1

● (a) Any person who is a party
● (b) Any legal practitioner or other rep acting for a party
● (c) Any law practice acting for a party
● (d) Any person who provides financial assistance or other assistance to any party insofar as that person exercises any direct control/ indirect control/ any influence over conduct of the proceeding or of a party in respect of that proceeding – e.g. expressly includes an (i) insurer or (ii) litig. funder.
● (3) The overarching obligations (other than the overarching obligations specified in ss 18, 19, 22 and 26) apply to any expert witness in a civil proceeding.
● (in addition to other expert witness duties: (4))
○ (2) Otherwise do not apply to witnesses

Question 2

Application of overarching obligations—civil

proceedings (11) - all stages, including interloc steps, appeals, ADR

Answer 2

OOs apply at all stages of civil proceedings, including (a) interlocutory steps and (b) appeals and (c) ADR processes in relation to CP

Question 3

Relationship with other laws/ rules
12 – OO prevail
13 – OO and LP client duty - OO prevail
14 – LP not to cause contravention
15 – duty to court not overridden

Answer 3

12 Overarching obligations prevail over certain other obligations and duties prevail over any legal/ contractual obligation to the extent of inconsistency
13 Overarching obligations and legal practitioners (1) don’t override duty to clients to the extent they can operate consistently. (2) In event of inconsistency, obligations prevail. (3)(a)-(b) Have to comply even if the client instructs you not to.
14 Legal practitioner or law practice not to cause client to contravene overarching obligations can’t cause client to contravene any OOs.
15 Legal practitioner’s duty to court not overridden