CIVIL PROCEDURE ACT 2010 - SECT 47 Judicial powers of case management—overarching purpose and active case management

CIVIL PROCEDURE ACT 2010 - SECT 47

    (1)     Without limiting any other power of a court, for the purposes of ensuring that a civil proceeding is managed and conducted in accordance with the overarching purpose, the court may give any direction or make any order it considers appropriate, including any directions given or orders made—

        (a)     in the interests of the administration of justice; or

        (b)     in the public interest.

    (2)     A direction given or an order made under subsection (1) may include, but is not limited to, imposing any reasonable limits, restrictions or conditions in respect of—

        (a)     the management and conduct of any aspect of a civil proceeding; or

        (b)     the conduct of any party.

    (3)     Without limiting subsection (1) or (2), a court may actively case manage civil proceedings by—

        (a)     giving directions to ensure that the civil proceeding is conducted promptly and efficiently;

S. 47(3)(b) amended by No. 1/2011 s. 9.

        (b)     identifying at an early stage the issues involved in the civil proceeding, including any issues that have not been resolved in accordance with any mandatory or voluntary pre‑litigation processes;

        (c)     deciding the order in which the issues in dispute in the civil proceeding are to be resolved including—

              (i)     deciding promptly which issues need full investigation and a hearing; and

              (ii)     disposing summarily of other issues;

        (d)     encouraging the parties—

              (i)     to co-operate with each other in the conduct of the civil proceedings;

              (ii)     to settle the whole or part of the civil proceedings;

              (iii)     to use appropriate dispute resolution;

        (e)     controlling the progress of the civil proceeding, including, but not limited to—

              (i)     fixing timetables;

              (ii)     dealing with as many aspects of a civil proceeding as it can on the same occasion;

              (iii)     dealing with the civil proceeding without the parties needing to attend court;

              (iv)         making use of technology;

        (f)     limiting the time for the hearing or any other part of a civil proceeding, including, but not limited to—

              (i)     limiting the number of witnesses at the hearing;

              (ii)     limiting the time for the examination or cross-examination of any witness;

              (iii)     limiting the issues or matters that may be the subject of examination or cross-examination;

        (g)     considering whether the likely benefits of taking a particular step in a civil proceeding justify the cost of taking it.