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C. OVERRIDING PURPOSE RULE i. CPA Section 56 of the CPA provides for the overriding purpose rule of case management. The rule provides for overriding purpose of a just, quick and cheap resolution to the real issues in dispute, which correspond broadly to the aim of a just, efficient and cheap resolution to litigation. The court has the aim of giving effect to the overriding purpose rule and the parties each have a duty to assist the court to further that aim. The object of case management is to achieve a just, efficient, timely and affordable resolution of the dispute under s 57. The court is to follow the dictates of justice (s 58) and eliminate the delay that is beyond that reasonable required for the fair and just determination of the issues in dispute (s 59). However, these aims are largely theoretical and aspirational, meaning that they are not mandatory requirements, as the court can dispense with rules in particular cases if it is appropriate to do so in the circumstances of the case (s 14; see also s 61).

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The most concise and updated Litigation Civil Procedure Study Notes for Australian Law Students.

Includes Model Exams and Model Exam Answers.
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Approximately 18828 words over 44 pages. Prepared in 2019.

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