Victorian Current Acts

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CIVIL PROCEDURE ACT 2010 - SECT 29

Court may make certain orders

    (1)     If a court is satisfied that, on the balance of probabilities, a person has contravened any overarching obligation, the court may make any order it considers appropriate in the interests of justice including, but not limited to—

        (a)     an order that the person pay some or all of the legal costs or other costs or expenses of any person arising from the contravention of the overarching obligation;

        (b)     an order that the legal costs or other costs or expenses of any person be payable immediately and be enforceable immediately;

        (c)     an order that the person compensate any person for any financial loss or other loss which was materially contributed to by the contravention of the overarching obligation, including—

              (i)     an order for penalty interest in accordance with the penalty interest rate in respect of any delay in the payment of an amount claimed in the civil proceeding; or

              (ii)     an order for no interest or reduced interest;

        (d)     an order that the person take any steps specified in the order which are reasonably necessary to remedy any contravention of the overarching obligations by the person;

        (e)     an order that the person not be permitted to take specified steps in the civil proceeding;

        (f)     any other order that the court considers to be in the interests of any person who has been prejudicially affected by the contravention of the overarching obligations.

    (2)     An order under this section may be made—

        (a)     on the application of—

              (i)     any party to the civil proceeding; or

              (ii)     any other person who, in the opinion of the court, has a sufficient interest in the proceeding; or

        (b)     on the court's own motion.

    (3)     This section does not limit any other power of a court to make any order, including any order as to costs.



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