Commonwealth Consolidated Acts

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The overarching purpose of civil practice and procedure provisions

             (1)  The overarching purpose of the civil practice and procedure provisions is to facilitate the just resolution of disputes:

                     (a)  according to law; and

                     (b)  as quickly, inexpensively and efficiently as possible.

             (2)  Without limiting the generality of subsection (1), the overarching purpose includes the following objectives:

                     (a)  the just determination of all proceedings before the Court;

                     (b)  the efficient use of the judicial and administrative resources available for the purposes of the Court;

                     (c)  the efficient disposal of the Court's overall caseload;

                     (d)  the disposal of all proceedings in a timely manner;

                     (e)  the resolution of disputes at a cost that is proportionate to the importance and complexity of the matters in dispute.

             (3)  The civil practice and procedure provisions must be interpreted and applied, and any power conferred or duty imposed by them (including the power to make Rules of Court) must be exercised or carried out, in the way that best promotes the overarching purpose.

             (4)  The civil practice and procedure provisions are the following, so far as they apply in relation to civil proceedings:

                     (a)  the Rules of Court made under this Act;

                     (b)  any other provision made by or under this Act or any other Act with respect to the practice and procedure of the Court.

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