Login
Login

Your trusted CPD partner

BCT09

Effective use of Interlocutories and using Case Management Rules to best effect

NZ $50.00
incl GST
Judge John Faire Graeme Hall Sarah Katz
Associate Judge Faire
High Court
Auckland
Graeme Hall
Partner
Buddle Findlay
Auckland
Sarah Katz
Partner
Russell McVeagh
Auckland

Published: 1 September 2009
Pages: 91 pages

Introduction

Litigation is often perceived as a cumbersome, slow and expensive means of resolving disputes. Ineffective and unnecessary use of interlocutory applications can exacerbate this perception. On the other hand, appropriate use of interlocutories and effective use of case management procedures can significantly enhance the effectiveness of litigation. This will reduce overall costs, narrow the issues and, in some cases, facilitate settlement.

Litigation is a process aimed at facilitating the resolution of disputes. Judgement calls need to be made at almost every stage of the process. The High Court Rules provide for various procedural options, which are available at different stages of the journey. However there are seldom “right” and “wrong” answers as to when these various options should be pursued. Ultimately, it is your job as counsel to advance your client's case in the best way possible, while balancing competing interests including:

  • Your client’s aim to “win” the substantive case (winning the war);
  • The prospects of success in relation to any particular interlocutory application (picking your battles):
  • Broader strategic and commercial objectives (no point “winning the war” if it drives your client into insolvency and destroys critical ongoing relationships);
  • Costs, at each stage of the process;
  • Delay, at each stage of the process;
  • Your duties to the court (there are some lines you just cannot cross, no matter how much your client wants to “win”).

In order to achieve your client’s aims you will need to develop a strategy as to how to run your case effectively and efficiently, picking the right “battles” along the way and ensuring you take all necessary steps to clarify and focus the issues, marshal the key facts, ensure the correct parties are before the court, ensure the trial will run smoothly and minimise the risks of a hollow victory.

Effective use of interlocutories and case management are key to achieving these outcomes.

 

You might also be interested in ...

Registrant Details

Use this window to add all the registrants you wish to register on behalf of. If you want to attend the course also, ensure you add yourself as one of the registrants. Make sure you press ‘save’ after adding each new registrant.

Proceed to Checkout

Judicial Settlement Conferences

Publication Date: 10-Nov-2008

Author(s): Associate Judge John Faire, Judge Tom Ingram, Helen Rice

NZ $40.00
incl GST
Contact us to order
 
CONTACT
INQUIRIES
freephone (within NZ)
0800 333 111

EMAIL 
cle@lawyerseducation.co.nz

PHONE
04 472 7837

FAX
04 463 2986
 
ADDRESS
NZLS CLE Ltd
Law Society Building
26 Waring Taylor Street
Wellington 6011

DX SP 20202
PO Box 5041
Wellington 6140
New Zealand