Adam Coote has written about Summary Judgment Under the Civil Procedure Act 2010 (Vic).
The Civil Procedure Act 2010 (Vic) commenced on 1 January 2011 and aimed to substantially reform the way litigation was conducted in the State of Victoria.
One of the key reforms of the Act, according to the Second Reading Speech, was the liberalisation of the test for summary judgment, empowering Courts to dispose of unmeritorious claims and defences summarily.
However, practitioners should be mindful that despite the liberalised test it remains a difficult task to have claims or defences dismissed summarily.
Section 63 of the Act provides that a Court may make an order for summary judgment in a civil proceeding if satisfied a claim or defence, or part thereof, has ‘no real prospect of success.’
This power is subject to the discretion the Court has to allow a matter to proceed to trial despite there being no real prospect of success, if:-
Adam has a common law and general commercial practice, with an emphasis on trial work.
He appears in the Supreme, County and Magistrates’ Courts and VCAT. These appearances generally require involvement in the interlocutory stages as well as final hearings. He also appears in both private and compulsory mediations in his areas of practice.