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FEDERAL CIRCUIT COURT OF AUSTRALIA ACT 1999 - SECT 17A

Summary judgment

             (1)  The Federal Circuit Court of Australia may give judgment for one party against another in relation to the whole or any part of a proceeding if:

                     (a)  the first party is prosecuting the proceeding or that part of the proceeding; and

                     (b)  the Court is satisfied that the other party has no reasonable prospect of successfully defending the proceeding or that part of the proceeding.

             (2)  The Federal Circuit Court of Australia may give judgment for one party against another in relation to the whole or any part of a proceeding if:

                     (a)  the first party is defending the proceeding or that part of the proceeding; and

                     (b)  the Court is satisfied that the other party has no reasonable prospect of successfully prosecuting the proceeding or that part of the proceeding.

             (3)  For the purposes of this section, a defence or a proceeding or part of a proceeding need not be:

                     (a)  hopeless; or

                     (b)  bound to fail;

for it to have no reasonable prospect of success.

             (4)  This section does not limit any powers that the Federal Circuit Court of Australia has apart from this section.

             (5)  This section does not apply if the Federal Circuit Court of Australia is exercising jurisdiction under the Family Law Act 1975 .

Note:          For the power of the Federal Circuit Court of Australia to give summary judgment if the Court is exercising jurisdiction under the Family Law Act 1975 , see section 45A of that Act.



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