Related documents
Loading PDF...
This document is 444.2 KB. Do you want to load it?
History of this document
19 March 2013 this version
18 March 2013
Assented to
Cited documents 0
Documents citing this one 30
Gazette
28Act
1|
Uncommenced
Infrastructure and Transportation
|
Judgment
1|
Rescission of a consent settlement order denied for inordinate delay; rule 41A cannot compel mediation; divorce separated from financial claims.
* Civil procedure – rescission of consent judgment – common‑law requirements: reasonable explanation for default and bona fide defence with prospect of success.
* Consent settlement made an order – effect: finality, res judicata and enforceability of referee findings where contract provided 30‑day challenge period.
* Uniform Rules – rule 41A: no power to compel mediation or provide sanctions; court may in exercise of inherent jurisdiction postpone to consider mediation.
* Uniform Rules – rules 33(4) & (5): separation of decree of divorce from financial claims appropriate where convenient and not prejudicial.
|