Overarching Purpose (CPA)

Question 1

What is the overarching purpose?

Answer 1

To facilitate the just, efficient, timely and cost-effective resolution of the real issues in dispute.

Question 2

How may the overarching purpose be achieved?

Answer 2

• Determination by the Court
• Agreement between the parties
• Appropriate dispute resolution

Question 3

How is the Court to give effect to overarching purpose?

Answer 3

Court must seek to give effect to OP in exercise or interpretation of its powers, whether part of the Court’s inherent jurisdiction, statutory jurisdiction, common law, or rules.

Question 4

What must the Court have regard to in making any order or direction to further the overarching purpose?

Answer 4

• The just determination of CP
• Public interest in early settlement
• Efficient conduct of the court
• Efficient use of judicial resources
• Minimise delay between commencement and listing for trial
• Timely determination of CP
• Dealing with a CP in a manner proportionate to complexity, importance, or amount

Question 5

What may the Court have regard to in making any order or direction to further the overarching purpose?

Answer 5

• Extent parties have complied with mandatory or voluntary pre-litigation process
• Extent to which parties have used reasonable endeavours to resolve dispute
• Degree of promptness parties have conducted proceeding
  o Degree to which parties have been timely in undertaking interlocutory steps
• Degree lack of promptness has arisen from circumstances outside party’s control
• Degree persons to which OO apply have complied with OO
• Prejudice which may be suffered as a consequence of any order or direction
• Public importance of issues in dispute
• Extent parties have legal advice and representation