Overarching purpose - Mini-scenario 1

Facts

In civil proceedings before you, the well-resourced Channel 8 appears to be engaging in tactical procedures to stall trade practices litigation. It has produced pleadings amounting to a 500-page document, which appears disproportionate to the amount in dispute.

1:Which object(s) in s9(1) are most relevant in this situation, in your consideration of furthering the overarching purpose?
A)

The efficient conduct of the business of the court.

Incorrect

 

B)

The efficient use of judicial and administrative resources

Incorrect

  

C)

Dealing with a civil proceeding proportionately to its complexity and the amount in dispute

Incorrect

  

D)

All of the above

Correct

  

Facts

Notwithstanding the length of its pleadings, Channel 8 at a late stage seeks an adjournment to amend its pleadings, which would increase the document’s length by 50%.

2:Which of the matters in s9(2) would support their application?
A)

To what extent the parties have endeavoured to resolve or narrow the dispute

Incorrect

 

B)

The degree of promptness with which the parties have conducted themselves

Incorrect

 

C)

Any prejudice that may be suffered by a party as a consequence of an order or direction given by the court

Correct

 

D)

The extent to which the parties have been legally advised and represented

Incorrect

 

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