Victorian Current Acts

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Court's power to order and direct pre-trial procedures

    (1)     In addition to any other power a court may have, a court may make any order or give any direction it considers appropriate to further the overarching purpose in relation to pre-trial procedures.

    (2)     Without limiting subsection (1), a court may give any directions or make any orders it considers appropriate with respect to—

        (a)         the conduct of proceedings;

        (b)     timetables or timelines for any matters to be dealt with, including—

              (i)     the conduct of any hearing; and

              (ii)     the time within which specified steps in a civil proceeding must be completed;

        (c)     the use of appropriate dispute resolution to assist in the conduct and resolution of all or part of the civil proceedings;

        (d)     the attendance of parties and legal practitioners at a case management conference with a judicial officer to consider the most cost effective and efficient means of bringing the civil proceeding to trial and of conducting the civil proceeding, including giving further directions;

        (e)     defining issues by pleadings or otherwise, including requiring parties or their legal practitioners to exchange memoranda, or take other steps to clarify questions;

        (f)     the attendance of parties or their practitioners before a judicial officer for a conference for the purposes of—

              (i)     satisfying the judicial officer that all reasonable steps to achieve resolution of the issues in dispute have been taken; or

              (ii)     otherwise clarifying the real issues in dispute to enable appropriate directions to be given for the further conduct of the dispute or civil proceeding; or

              (iii)     otherwise shortening the time taken in preparation for the trial and at the trial;

        (g)     any other matter specified in rules of court.

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