Part 15 – Summary Judgment
- tocCivil Procedure Rules
|Contents of this Part|
|Scope of this Part||Rule 15.1|
|Grounds for summary judgment||Rule 15.2|
|Types of proceedings for which summary judgment is not available||Rule 15.3|
|Evidence for purpose of summary judgment hearing||Rule 15.5|
|Powers of court on application for summary judgment||Rule 15.6|
- This Part sets out a procedure by which the court may decide a claim or a particular issue without a trial.
- The court may give summary judgment on the claim or on a particular issue if it considers that the –
- claimant has no real prospect of succeeding on the claim or the issue; or
- defendant has no real prospect of successfully defending the claim or the issue.
- Rule 26.3 gives the court power to strike out the whole or part of a statement of case if it discloses no reasonable ground for bringing or defending the claim.
Types of proceedings for which summary judgment is not available
- The court may give summary judgment in any type of proceedings except –
- admiralty proceedings in rem;
- probate proceedings;
- Proceedings by way of fixed date claim;
- proceedings for –
- claims against the Crown;
- false imprisonment;
- malicious imprisonment; and
- redress under the Constitution of any Member State or Territory.
- Notice of an application for summary judgment must be served not less than 14 days before the date fixed for hearing the application.
- The notice under paragraph (1) must identify the issues which it is proposed that the court should deal with at the hearing.
- he court may exercise its powers without such notice at any case management conference.
- Part 11 contains general rules about applications.
Evidence for purpose of summary judgment hearing
- The applicant must –
- file affidavit evidence in support with the application; and
- serve copies of the application and the affidavit evidence on each party against whom summary judgment is sought; not less than 14 days before the date fixed for hearing the application.
- A respondent who wishes to rely on evidence must –
- file affidavit evidence; and
- serve copies on the applicant and any other respondent to the application; at least 7 days before the summary judgment hearing.
Powers of court on application for summary judgment
- The court may give summary judgment on any issue of fact or law whether or not the judgment will bring the proceedings to an end.
- If the proceedings are not brought to an end the court must also treat the hearing as a case management conference.