Victorian Current Acts

CIVIL PROCEDURE ACT 2010 - SECT 9

    (1)     In making any order or giving any direction in a civil proceeding, a court shall further the overarching purpose by having regard to the following objects—

        (a)     the just determination of the civil proceeding;

        (b)     the public interest in the early settlement of disputes by agreement between parties;

        (c)     the efficient conduct of the business of the court;

        (d)     the efficient use of judicial and administrative resources;

        (e)     minimising any delay between the commencement of a civil proceeding and its listing for trial beyond that reasonably required for any interlocutory steps that are necessary for—

              (i)     the fair and just determination of the real issues in dispute; and

              (ii)     the preparation of the case for trial;

        (f)     the timely determination of the civil proceeding;

        (g)     dealing with a civil proceeding in a manner proportionate to—

              (i)     the complexity or importance of the issues in dispute; and

              (ii)     the amount in dispute.

    (2)     For the purposes of subsection (1), the court may have regard to the following matters—

S. 9(2)(a) amended by No. 1/2011 s. 6.

        (a)     the extent to which the parties have complied with any mandatory or voluntary pre‑litigation processes;

        (b)     the extent to which the parties have used reasonable endeavours to resolve the dispute by agreement or to limit the issues in dispute;

        (c)     the degree of promptness with which the parties have conducted the proceeding, including the degree to which each party has been timely in undertaking interlocutory steps in relation to the proceeding;

        (d)     the degree to which any lack of promptness by a party in undertaking the proceeding has arisen from circumstances beyond the control of that party;

        (e)     the degree to which each person to whom the overarching obligations apply has complied with the overarching obligations in relation to the proceeding;

        (f)     any prejudice that may be suffered by a party as a consequence of any order proposed to be made or direction proposed to be given by the court;

        (g)     the public importance of the issues in dispute and the desirability of a judicial determination of those issues;

        (h)     the extent to which the parties have had the benefit of legal advice and representation.

    (3)     This section does not—

        (a)     limit any other power of a court to make orders or give directions; or

        (b)     preclude the court from considering any other matters when making any order or giving any direction.    

Part 2.2—Application of the overarching obligations