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Questions and Answers
What is the purpose of a summary judgment procedure?
What is the purpose of a summary judgment procedure?
To decide a claim or issue without a trial.
Summary judgement can be applied to any type of proceeding.
Summary judgement can be applied to any type of proceeding.
False
What are the grounds for summary judgment? (Select all that apply)
What are the grounds for summary judgment? (Select all that apply)
When can a claimant apply for summary judgment?
When can a claimant apply for summary judgment?
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In civil proceedings against the state, a claimant can always immediately apply for summary judgment.
In civil proceedings against the state, a claimant can always immediately apply for summary judgment.
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What is the minimum notice period that must be given to the respondent in a summary judgment hearing?
What is the minimum notice period that must be given to the respondent in a summary judgment hearing?
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What must be included in the application notice for summary judgment?
What must be included in the application notice for summary judgment?
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Written evidence must always be filed in summary judgment proceedings.
Written evidence must always be filed in summary judgment proceedings.
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What are some of the actions the court can take when determining a summary judgment application?
What are some of the actions the court can take when determining a summary judgment application?
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Study Notes
Part 24 - Summary Judgment
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Scope: Procedure for courts to decide claims/issues without a trial. Subject to other parts with specific provisions.
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Types of Proceedings: Summary judgment available in most types of proceedings, except for possession of residential property against a mortgagor/tenant/contract holder or against former tenant.
- Summary judgement available against a claimant or defendant.
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Grounds: Court can grant summary judgment if the party has no realistic prospect of succeeding in claim/defense/issue, and no other compelling reason for trial.
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Timing:
- Claimant cannot apply for summary judgment until the defendant has filed an acknowledgment of service or a defense, unless court gives permission or a rule/practice direction allows otherwise.
- For specific performance/rescission/deposit cases, claimant can apply at any time after the claim form is served, unless a rule/practice direction specifies otherwise.
- Summary judgment hearings must receive notice (at least 14 days) of date and issues to be decided.
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Application Notice and Evidence:
- Notice must include that it's a summary judgment application, point of law/document relied upon, written evidence, belief respondent has no chance of succeeding, and no reason for trial delay.
- For specific cases, the order sought must be attached to the notice and served 4 days before the hearing.
- Evidence to be relied upon at the hearing must be filed and served at least 7/3 days in advance (depending whether it's an applicant or respondent evidence).
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Disposal: Court can give further directions on case management or include conditions to the order, following a summary judgment decision.
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Description
This quiz covers the key aspects of summary judgment, a legal procedure allowing courts to resolve claims without a trial. It includes information on the types of proceedings, grounds for granting summary judgment, and timing requirements for applications. Test your understanding of these crucial legal concepts.
