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CIVIL LAW (WRONGS) ACT 2002 - SECT 186 Definitions—pt 14.2

CIVIL LAW (WRONGS) ACT 2002 - SECT 186

Definitions—pt 14.2

In this part:

"court" includes a tribunal or arbitrator.

"provable" facts, in relation to a lawyer—a fact is provable in relation to a lawyer only if the lawyer believes on reasonable grounds that the material then available to the lawyer provides a proper basis for claiming the fact.

"reasonable prospects of success"—

        (a)     a claim has reasonable prospects of success if there are reasonable prospects of damages being recovered on the claim; and

        (b)     a defence has reasonable prospects of success if there are reasonable prospects of the defence defeating the claim or leading to a reduction in the damages recovered on the claim.