Division 1 Guiding principles

56   Overriding purpose

(cf SCR Part 1, rule 3)

(1)  The overriding purpose of this Act and of rules of court, in their application to civil proceedings, is to facilitate the just, quick and cheap resolution of the real issues in the proceedings.

(2)  The court must seek to give effect to the overriding purpose when it exercises any power given to it by this Act or by rules of court and when it interprets any provision of this Act or of any such rule.

(3)  A party to civil proceedings is under a duty to assist the court to further the overriding purpose and, to that effect, to participate in the processes of the court and to comply with directions and orders of the court.

(3A)  (Repealed)

(4)  Each of the following persons must not, by their conduct, cause a party to civil proceedings to be put in breach of a duty identified in subsection (3):

(a)  any solicitor or barrister representing the party in the proceedings,

(b)  any person with a relevant interest in the proceedings commenced by the party.

(5)  The court may take into account any failure to comply with subsection (3) or (4) in exercising a discretion with respect to costs.

(6)  For the purposes of this section, a person has a relevant interest in civil proceedings if the person:

(a)  provides financial assistance or other assistance to any party to the proceedings, and

(b)  exercises any direct or indirect control, or any influence, over the conduct of the proceedings or the conduct of a party in respect of the proceedings.

Note. Examples of persons who may have a relevant interest are insurers and persons who fund litigation.

(7)  (Repealed)

57   Objects of case management

(1)  For the purpose of furthering the overriding purpose referred to in section 56 (1), proceedings in any court are to be managed having regard to the following objects:

(a)  the just determination of the proceedings,

(b)  the efficient disposal of the business of the court,

(c)  the efficient use of available judicial and administrative resources,

(d)  the timely disposal of the proceedings, and all other proceedings in the court, at a cost affordable by the respective parties.

(2)  This Act and any rules of court are to be so construed and applied, and the practice and procedure of the courts are to be so regulated, as best to ensure the attainment of the objects referred to in subsection (1).

58   Court to follow dictates of justice

(1)  In deciding:

(a)  whether to make any order or direction for the management of proceedings, including:

(i)  any order for the amendment of a document, and

(ii)  any order granting an adjournment or stay of proceedings, and

(iii)  any other order of a procedural nature, and

(iv)  any direction under Division 2, and

(b)  the terms in which any such order or direction is to be made,

      the court must seek to act in accordance with the dictates of justice.

(2)  For the purpose of determining what are the dictates of justice in a particular case, the court:

(a)  must have regard to the provisions of sections 56 and 57, and

(b)  may have regard to the following matters to the extent to which it considers them relevant:

(i)  the degree of difficulty or complexity to which the issues in the proceedings give rise,

(ii)  the degree of expedition with which the respective parties have approached the proceedings, including the degree to which they have been timely in their interlocutory activities,

(iii)  the degree to which any lack of expedition in approaching the proceedings has arisen from circumstances beyond the control of the respective parties,

(iv)  the degree to which the respective parties have fulfilled their duties under section 56 (3),

(v)  the use that any party has made, or could have made, of any opportunity that has been available to the party in the course of the proceedings, whether under rules of court, the practice of the court or any direction of a procedural nature given in the proceedings,

(vi)  the degree of injustice that would be suffered by the respective parties as a consequence of any order or direction,

(vii)  such other matters as the court considers relevant in the circumstances of the case.

59   Elimination of delay

(cf Western Australia Supreme Court Rules, Order 1, rule 4A)

In any proceedings, the practice and procedure of the court should be implemented with the object of eliminating any lapse of time between the commencement of the proceedings and their final determination beyond that reasonably required for the interlocutory activities necessary for the fair and just determination of the issues in dispute between the parties and the preparation of the case for trial.

60   Proportionality of costs

In any proceedings, the practice and procedure of the court should be implemented with the object of resolving the issues between the parties in such a way that the cost to the parties is proportionate to the importance and complexity of the subject-matter in dispute.