Argo Pty Ltd v Attorney-General (No 3 )

(2004) 13 Tas R 69; [2004] TASSC 51

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Interrogate

Catchwords

1. Practice and Procedure
2. › Supreme Court procedure
3. › Tasmania
4. › Practice under Rules of Court
5. › Time
6. › More than six years since a step taken in a proceeding
7. › Meaning of 'step in a proceeding'
8. › Whether application to strike out for want of prosecution is a step
9. › Whether application to change party name is a step
10. › Supreme Court Rules 2000 (Tas), r56
1. Practice and Procedure
2. › Supreme Court procedure
3. › Inherent jurisdiction
4. › Power to control proceedings
5. › Whether inherent jurisdiction should be exercised to dispense with compliance with rules of court
6. › Whether re-agitation of previously determined issues justifies dispensing with procedural requirements

Quick Take

A 'step in a proceeding' under Supreme Court Rules 2000 (Tas), r56 means a step required by the rules to carry the action forward to final judgment. An application to strike out for want of prosecution and an application to change a party's name are not steps in the proceeding. A consent order granting leave limited to specified non-advancing actions does not constitute general leave to proceed.