A court may refuse relief under s 29 of the Civil Procedure Act 2010 (Vic) without detailed consideration of the merits where the application involves re-agitation of matters already determined at trial and would undermine the principle of finality. A party is not ordinarily liable under s 29 for independent breaches of overarching obligations by the party's lawyer absent instructions or other involvement. The Court's preliminary view is that overarching obligations do not apply to a party in his or her capacity as a lay witness, though this was not finally determined.
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