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Topic 3: Instituting Proceedings/Summary and Default Judgement
LAWS 4013 - Civil Procedure and Arbitration
2 Found helpful • 17 Pages • Topic Notes • Year: Pre-2021
Challenging Case Management Decisions and the Interpretation of the Overriding Purpose - Page 53-66 In some Jurisdictions (including NSW) additional sanctions have been created in the rules or by legislation to support the overriding purpose and by corollary, case management. CIVIL PROCEDURE ACT 2005 - SECT 61 61 Directions as to practice and procedure generally (1) The court may, by order, give such directions as it thinks fit (whether or not inconsistent with rules of court) for the speedy determination of the real issues between the parties to the proceedings. (2) In particular, the court may, by order, do any one or more of the following: (a) it may direct any party to proceedings to take specified steps in relation to the proceedings, (b) it may direct the parties to proceedings as to the time within which specified steps in the proceedings must be completed,
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