Victorian Numbered Acts

CIVIL PROCEDURE ACT 2010 (NO. 47 OF 2010) - SECT 39

    (1)     If a court is satisfied that a party to a civil proceeding has failed to comply with the pre-litigation requirements, or a pre-litigation process for a claim made under Part 6 of the Transport Accident Act 1986 , the court may take into account that failure—

        (a)     in determining costs in the proceeding generally;

        (b)     in making any order about the procedural obligations of parties to the civil proceeding;

        (c)     in making any other order it considers appropriate.

    (2)     A court may make an order under subsection (1)—

        (a)     of its own motion; or

        (b)     on the application of any party to the civil proceeding.