3.2.8 judicial powers of case management

Question 1

case management refers to

Answer 1

regulation of a civil dispute before the court by the judge or magistrate.

Question 2

the civil procedure act provides that…

Answer 2

the court must facilitate the just, efficient, timely and cost-effective resolution of the dispute

Question 3

power to order mediation

Answer 3

a judge or magistrate is vested with the power to refer a civil dispute, or part of thereof, to mediation

• any time during the proceedings
• the purpose of such referral is to expedite the resolution without taking up court time and resources

Question 4

power to order mediation POJ

Answer 4

access because minimising costs and available to all parties.
fairness because saves parties time and money and avoid trial however not suitable for all disputes.
equality because available to all parties

Question 5

power to give directions

Answer 5

the discretion of judicial power to manage the civil case, to make any court order at any time in proceedings, given that the court thinks it appropriate
eg restrict witnesses, give timelines or limit examination

Question 6

power to give directions and POJ

Answer 6

access because saves court time and resources.
fairness because timely, minimise delays however the complexity of directions.
equality because applies to all however self rep party may struggle to follow