Mastering Summary Judgment in Australian Civil Procedure
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Questions and Answers

Which jurisdiction requires the plaintiff to establish that the defendant has 'no real prospect of success' for summary judgement?

  • Victoria (correct)
  • Western Australia
  • New South Wales
  • Queensland

What is the main purpose of the summary judgement procedure?

  • To determine if the defendant has a real prospect of success
  • To call upon the defendant to show its hand
  • To dismiss the application
  • To establish grounds for summary judgement (correct)

How many tests are there for summary judgements?

  • Four
  • Three (correct)
  • One
  • Two

Who may apply for summary judgment in Victoria?

<p>Both the plaintiff and the defendant (B)</p> Signup and view all the answers

What action is required if the plaintiff has established that the defendant has no real prospect of success?

<p>The defendant must show a real prospect to succeed (C)</p> Signup and view all the answers

Which party can apply for summary judgment in Victoria under the Civil Procedure Act 2010?

<p>Both the plaintiff and defendant (B)</p> Signup and view all the answers

What is the standard that the plaintiff must establish for summary judgment in some jurisdictions?

<p>No real prospect of success (B)</p> Signup and view all the answers

When can the court enter summary judgment on its own motion in Victoria?

<p>When the court deems it desirable (B)</p> Signup and view all the answers

What is the main purpose of the summary judgment procedure?

<p>To expedite the resolution of a case (C)</p> Signup and view all the answers

What is the first test for summary judgments?

<p>No real prospect of success (C)</p> Signup and view all the answers

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