Complete CCP Notes

7 Found helpful • 65 Pages • Complete Study Notes • Year: Pre-2021

SECTION 1 – Process, Open Justice, Fairness, and Adversarial System 1. OVERRIDING PURPOSE OF CIVIL PROCEEDINGS a. Overriding Purpose – the overriding purpose of the CPA and rule of the court is to facilitate the just, just and cheap resolution of real issues of proceedings – s 56, CPA 2005 b. Relevance – refer back to the overriding purpose in order to assist in determining what an appropriate exercise of discretion or decision in keeping with the objects and purpose of the test should look like. 2. INHERENT JURISDICTION OF THE COURT a. Implied Jurisdiction – courts have implied discretionary powers to control their own procedure to prevent an abuse of process – anything necessary for effective exercise of the Court’s jurisdiction. b. Duty of Superior Courts - the NSW Supreme Court has almost full discretion to regulate the operations and procedures of lower courts – Grassby v R c. Limited Capacity of Inferior Courts - the implied power of inferior courts to make orders necessary for the administration of its express powers is limited to those orders reasonably required to achieving the specific remedies allowed by the relevant statute – Pelechowski v Registrar

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