Summary Judgment & Strike Out: The Nuts & Bolts and Dos & Don'ts (Paper)

Materials comprised of a Paper and PowerPoint Handout.

Presenters:

His Honour Judge Paul Kellar
Blair Keown, Partner, Bell Gully

Synopsis:

Often perceived as fast-track procedures, applications for summary judgment and strike-out do provide such an opportunity but sometimes with challenges and at a substantial cost.

Providing both judicial insights and those of counsel, these materials will address the application process for both summary judgment and strike out, the practical and tactical advantages of each procedure, how best to advance or defend a case, strategic considerations including alternative approaches, best practice and costs.

These materials will help you:

• Receive an overview and refresher of the summary judgment and strike out process.
• Learn about who benefits from the jurisdiction and why it exists
• Understand the key differences between a strike out application and a summary judgment application.
• Learn about the practical and tactical advantages of each procedure.
• Learn when a summary judgment or strike out application has no prospect of success.
• Learn what happens when a summary judgment or strike out procedure fails or succeeds.
• Learn about short trial in the District Court as an alternative to summary judgment.
• The hearing: learn how to best advance or defend the case.
• Understand the costs’ implications.
• Learn when a full trial will be warranted with reference to Sandman v Mckay which demonstrates that it is not always clear cut whether a claim is appropriate for summary judgment.
• Learn about the areas you should seek advice on, if unsure.

Intended audience

Civil and commercial litigators at junior to intermediate level or those seeking a refresher on the topic.