Adam Coote has written an update on his recent BLOG Summary Judgment Under the Civil Procedure Act 2010 (Vic).
In a previous Practice Note I discussed the Victorian Court of Appeal case of Manderson M & F Consulting v Incitec Pivot Limited(“Manderson”).
This case dealt with the new test for summary dismissal of claims and defences under s 63 of the Civil Procedure Act 2010 (Vic).
Generally, s 63 provides a Court may dispose of a civil proceeding summarily if satisfied a claim or defence, or part thereof, has ‘no real prospect of success.’
In my previous Practice Note I raised some issues concerning the approach the Court of Appeal had taken in interpreting s 63. The main issue was that via s 63 Parliament was clearly seeking to liberalise the common law test which had previously been applied to summary judgment.
Despite this, in Manderson (and in another case, Karam v Palmone Shoes Pty Ltd ) the Court of Appeal had taken the view that the test for summary had not been significantly altered by the Civil Procedure Act and the old line of authority was applicable.
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.