Research project to a maximum of 3000 words on a prescribed topic. The topic will be chosen to allow you to critically examine a limited aspect of civil procedure of current relevance and may consist of a number of parts.
Research Question:
“…the courts are concerned not only with justice between the parties…but also with the public interest in the proper and efficient use of public resources”
• Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 at 189.
Read the article – “Procedural fairness v modern tribunals: Can the twain meet?” (2013) 33 Qld Lawyer 131.
Having regard to above quote from Aon Risk and Wilson J’s article, research and contrast the differing approaches to procedural rules taken by the Queensland Civil and Administrative Tribunal (QCAT) and the Queensland Supreme Court in attempting to balance, on one hand, the interests of parties and, on the other, the efficient use of public resources.
Your answer should consider the applicable rules and/or legislative provisions which govern the case management powers of QCAT and court (for example, r 5 of the UCPR and s28 QCAT Act), and any relevant case law.