The fundamental principle of civil proceedings is to facilitate a just, efficient and cost-effective resolution of the claim or dispute.
Each party and their lawyers must abide by certain obligations and duties which are outlined in the Civil Procedure Act 2010 (Vic).
If you are a party to a court case, you have ‘overarching obligations’, a set of rules that govern how you must conduct yourself.
Your obligations include:
- Furthering the admiration of justice.
- Always acting honestly in relation to the proceeding.
- Not making a claim that is frivolous, vexatious, an abuse of process or does not have a proper basis.
- Using reasonable endeavours to resolve the dispute and the narrowing the issues in dispute.
- Co-operating with the Party and the Court where necessary.
- Not engaging in misleading or deceptive conduct.
- Minimising delay in the proceeding.
- Informing the other party about any documents critical to the dispute.
A breach of the above obligations may result in costs being ordered against you or your claim being dismissed.
Lawyer’s obligations
A personal injury lawyer has a duty to the court, a duty to our client and a duty to obey the law. We are also required to conduct ourselves with integrity and honesty at all times.
In addition to the overarching obligations, we must abide by the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015. These rules include:
- Acting in the best interests of the client.
- Not knowingly or recklessly misleading the Court.
- Ensuring that the client’s claim has a proper basis.
- Conducting cases efficiently and expeditiously.
- Upon becoming aware that the client has lied in evidence, advising the client that the Court should be informed of the false information.
All personal injury lawyers and staff at Maxiom Injury Lawyers pride ourselves on acting with honesty and integrity at all times, in our dealings with our clients, the Court and our opposition.
If you require an injury compensation lawyer who you can trust, please contact us today on 1800 853 085 for a confidential discussion.