Victorian Current Acts

CIVIL PROCEDURE ACT 2010 - SECT 63

    (1)     Subject to section 64, a court may give summary judgment in any civil proceeding if satisfied that a claim, a defence or a counterclaim or part of the claim, defence or counterclaim, as the case requires, has no real prospect of success.

    (2)     A court may give summary judgment in any civil proceeding under subsection (1)—

        (a)     on the application of a plaintiff in a civil proceeding;

        (b)     on the application of a defendant in a civil proceeding;

        (c)     on the court's own motion, if satisfied that it is desirable to summarily dispose of the civil proceeding.