CIVIL PROCEDURE ACT 2010 - SECT 56 Court may order sanctions
CIVIL PROCEDURE ACT 2010 - SECT 56
Court may order sanctions(1) A court may make any order or give any direction it considers appropriate if the court finds that there has been—
(a) a failure to comply with discovery obligations; or
(b) a failure to comply with any order or direction of the court in relation to discovery; or
(c) conduct intended to delay, frustrate or avoid discovery of discoverable documents.
(2) Without limiting subsection (1), a court may make an order or give directions—
(a) that proceedings for contempt of court be initiated;
(b) adjourning the civil proceeding, with costs of that adjournment to be borne by the person responsible for the need to adjourn the proceeding;
(c) in respect of costs in the civil proceeding, including indemnity cost orders against any party or a legal practitioner who is responsible for, or who aids and abets, any conduct referred to in subsection (1);
(d) preventing a party from taking any step in the civil proceeding;
(e) prohibiting or limiting the use of documents in evidence;
(f) in respect of facts taken as established for the purposes of the civil proceeding;
(g) awarding compensation for financial or other loss arising out of any conduct referred to in subsection (1);
(h) in respect of any adverse inference arising from any conduct referred to in subsection (1);
(i) compelling any person to give evidence in connection with any conduct referred to in subsection (1), including by way of affidavit;
(j) dismissing any part of the claim or defence of a party who is responsible for any conduct referred to in subsection (1);
(k) in relation to the referral to an appropriate disciplinary authority for disciplinary action to be taken against any legal practitioner who is responsible for, or who aids and abets, any conduct referred to in subsection (1).