Victorian Civil Procedure Act 2010: Case Management

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In 2010, Victoria introduced the Civil Procedure Act 2010 which aimed to change the culture of civil litigation and specified, in section 7 of the Act, that disputes must be resolved in a “just, efficient, timely and cost-effective” manner. These four values are essential, and this is because they influence how all parties in a dispute, even judicial officers and legal practitioners, are to treat civil litigation. They must now always endeavour to achieve justice efficiently, saving both the time and the amount of money used in a proceeding that is endured by the courts and litigants. A method which Victorian courts implement as a means of achieving just, efficient, timely and cost-effective solutions to disputes is what is known as case management. …show more content…

In order to understand the Australian judicial system’s changing perspectives towards case management, it is important to look at two particular cases. The first is Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146, which will be referred to as the J L Holdings case. This is a significant case because it established how Australian courts initially approached pre-trial procedures and the administration of justice in civil procedure. The dispute between Queensland and J L Holdings had proceeded to the High Court because their original trial judge had refused Queensland to amend their defence and Queensland’s successful appeal, pleading that such a refusal would prejudice their argument, had allowed for the determination that the amendment should have been granted on the justification that courts should always prioritise the achievement of justice over the implementation of case management principles (Boniface & Legg 2010). The key point to take away from this case that is relevant is that this appeal had set a precedent that prioritised justice over any consideration for any consequence of delay or expense. However, this approach would soon be overturned in the case of Aon Risk Services …show more content…

The problem of how expensive litigation is has always been an issue, and definitely not a problem that has only been a recent nuisance for the legal system (McClellan 2010). While it is important to recognise that the expenses incurred in pursuing civil litigation has its worthwhile function in suppressing civil claims that are considered to be unwarranted and petty (Doyle 2012), it is also important to maintain a balance and ensure the cost of accessing justice is not too high that most of the general community cannot access this service should they need it (Zuckerman 1994; Zuckerman 1995). Therefore, case management aids such an injustice caused by expensive litigation. Under section 47 of the Civil Procedure Act, judges have the ability to determine how proceedings are to be conducted and this can be done through, for example, forming a timetable for parties to a dispute to follow or restricting the amount of witnesses or issues parties can bring forward in a proceeding (McClellan 2010). By such an order, judges are able to ensure proceedings are dealt with as soon as possible, saving the court’s time and resources as well as the amount of money parties to a dispute are to spend in paying for their legal representation (Croft 2011b; Fenton & Watson 2014; McClellan

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