The Civil Procedure Act 2010 affects every aspect of the conduct of litigation and simply can’t be ignored

Sulllivan v Greyfriars Pty Ltd [2015]

The Victorian Court of Appeal has held that the inherent jurisdiction of the Court is now statutorily modified by the provisions of the Civil Procedure Act 2010.

In Sullivan v Greyfriars Pty Ltd [2015] VSCA 196 the Victorian Court of Appeal has held that the inherent jurisdiction of the Court is now statutorily modified by the provisions of the Civil Procedure Act 2010.

The decision concerned the exercise of the power to summarily dismiss a proceeding (in this case an appeal) for want of prosecution. The power is an inherent power of the Court, albeit that the power is also recognised in r 24.05 of the Supreme Court (General Civil Procedure) Rules 2005.   The Court noted as follows at [22] and [23]:

“…the Court is now subject, including when exercising its inherent jurisdiction, to the statutory obligation in s 8 of the Civil Procedure Act 2010 to seek to facilitate the just, efficient, timely and cost-effective resolution of the real issues in dispute. Section 8 casts a new light on the inherent jurisdiction. It gives statutory emphasis to the importance of the timely resolution of proceedings, which in turn underscores the importance of compliance with orders of the Court for the management of a proceeding. But it also widens the range of matters to which consideration must be given. Even in cases where inordinate, inexcusable and prejudicial delay are not established, failure to comply with the orders of the Court may therefore none the less warrant summary dismissal.”

Although that decision concerned an application for dismissal for want of prosecution, it is equally applicable to any exercise by the Court of its inherent jurisdiction.