Summary judgment

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Introduction

Plaintiffs may apply for summary judgment where a defendant files a defence and there is ‘no real prospect of success’ on the defence. The summary judgment procedure is particularly useful in banking and finance cases but has broad application. 

In circumstances where the plaintiff is forced to prepare for trial in the absence of a valid defence, the summary judgment procedure permits the court to give judgment for the plaintiff if it is satisfied there is no triable issue or need for trial.

Relevant rules

In Victoria, there are two main rules which govern summary judgment applications. The Court may grant an order for summary judgment under the Civil Procedure Act 2010 in addition to and not in derogation of the rules of court. It retains its jurisdiction under Rule 22 of the Supreme Court (General Civil Procedure) Rules.

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The full article (1506 words) considers:

  • Civil Procedure Act

  • Supreme Court Rules

  • Authorities on summary judgment

  • Defendants must show cause

  • Defendant may apply for summary judgment

  • Federal Courts 

  • Setting aside summary judgment