Grimmett v Rivdale Pty Ltd (Trading as Angela Sdrinis Legal)

[2025] VSC 122

Supreme Court of Victoria

Built by Barristers,
For Australian Law.

1. matter, for instance, or if they did so after a trial had concluded but before a judgment had been delivered?

Consent of all parties to vacate a trial date is relevant but not sufficient; a proper basis must be demonstrated having regard to the overarching purpose of the Civil Procedure Act 2010 (Vic) and the public interest in efficient use of court resources.
Trial dates are public resources representing a commitment of finite judicial and administrative resources; their vacation requires adequate justification, particularly where the application is made late and the proceeding is trial-ready.
A party's prolonged failure to take steps responsive to a live pleaded issue (here, mitigation of loss by pursuing claims against original tortfeasors) without adequate explanation cannot be relied upon as a basis for vacating a trial date at a late stage, as this would risk undermining the overarching obligations under the Civil Procedure Act 2010 (Vic).