Section 8 of the Civil Procedure Act 2010 (Vic) widens the considerations relevant to the inherent jurisdiction to dismiss for want of prosecution beyond the traditional Muto v Faul requirements of inordinate, inexcusable and prejudicial delay. Even where those requirements are not met, failure to comply with court orders may warrant summary dismissal. The merits of the proceeding bear on the exercise of the discretion, particularly where the proceeding is an application for leave to appeal rather than an appeal as of right.
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