Trial judges exercising case management discretion must demonstrably engage with the provisions of the Civil Procedure Act 2010 (Vic), particularly ss 7, 8 and 9, and it must be apparent from their reasons — expressly or inferentially — that they took the applicable provisions into account. A case management order excluding expert evidence on a central issue in the proceeding will be set aside where the judge failed to properly assess the prejudice to the parties and the forward-looking objects of the Act, even where the party seeking to rely on the evidence was in breach of timetabling orders. The interests of the administration of justice are better served by a fair but delayed trial than an unfair trial proceeding on schedule.
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