OP, PD, OOs

Question 1

OP

Answer 1

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

Question 2

PD

Answer 2

to further the administration of justice, in relation to any civil, proceeding in which that person is involved, including, but not limited to any interlocutory application, or interlocutory proceeding, any appeal from an order or a judgement in a civil proceeding, any appropriate dispute resolution undertaken in relation to a civil

Question 3

OOs

Answer 3

1. Act honestly
2. Requirement of proper basis.
3. Only take steps to resolve or determine dispute.
4. Cooperate in the conduct of civil proceeding.
5. Not mislead or deceive.
6. Use reasonable endeavours to resolve dispute.
7. Narrow the issues in dispute.
8. Ensure costs are reasonable and proportionate.
9. Minimise delay.
10. Disclose existence of documents.

Question 4

Application of OP

Answer 4

The OP maybe achieved by the determination of the proceeding by the court, agreement between the parties, and any appropriate dispute resolution process, agreed to by the parties are ordered by the court

Question 5

how may a court give affect to the overarching purpose?

Answer 5

The court must seek to give affect to the overarching purpose in the exercise of any of its powers, or in the interpretation of those powers.

In making any order or giving any direction in a civil proceeding, the court must further, the overarching purpose by having regard to the following objects:
- The just tdetermination of the civil proceedings.
-the public interest in the early settlement of disputes by agreement between the parties.
-the efficient conduct of the business of the court.
-the efficient use of judicial and administrative resources.
– Minimising any delay between the commencement of a civil proceeding, and its listing for trial beyond that reasonably required for any interlocutory steps.
– the timely determination of the civil proceedings.
- Dealing with a civil proceeding in a manner proportionate to the complexity or importance of the issues in dispute and the amount of the issues in dispute.

The court may have regard to the following matters:
- Extent to which the parties have complied with any mandatory or voluntary prelitigation processes?
-extent to which the parties of youse reasonable endeavours to resolve the dispute or to limit the issues in dispute?
-the degree of promptness, with which the parties of conduct of the proceedings.
-the degree, to which any luck of promptness has arisen from circumstances beyond the control of that party?
– the degree to which each person to whom the overarching obligations apply has complied with them.
– any prejudice that maybe suffered by a party, as a consequence of any order proposed to be made/direction proposed to be given.
-the public importance of the issues in dispute, and the desirability of a judicial determination of those issues.
– extent to which the parties have had the benefit of legal advice and representation, advice and representation.

Question 6

Application of overarching obligations

Answer 6

Any person who is a party?
Any legal practitioner or other representative acting for on behalf of the party?
And the law practice acting for on behalf of the party?
Any person who provides financial assistance or other assistance to any party insofar? Is that person exercises, and he direct control, indirect control, or any influence over the conduct of the proceedings e.g. insurer, litigation funder.

Does not apply to witnesses.

Question 7

interaction between overarching, obligations and other obligations/duties

Answer 7

Overarching obligations prevail over any legal obligations/contractual obligations/other obligation, which a person to whom the overarching obligations apply. May has, to the extent that the obligations are inconsistent.

Do not override any duty or obligation to a client to the extent that those duties can operate consistently. In the case of any inconsistency between any overarching obligations and a duty or obligation to the client, the overarching obligation prevails to the extent of that inconsistency, and the legal practitioner is not required to comply with any instruction or wish of the client which is inconsistent with the overarching obligation.

Legal practitioner/law practice must not cause the client to contravene any overarching obligations.