Biddle v Miele Australia Pty Ltd & Ors

[2025] VSCA 244

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeal
3. › Leave to appeal
4. › Application totally without merit
5. › No prospects of success
6. › Supreme Court Act 1986 (Vic), s 14D
1. Practice and Procedure
2. › Overarching obligations
3. › Application under s 29 of Civil Procedure Act 2010 (Vic)
4. › Whether respondents breached overarching obligations by contesting applicant's disability claims
5. › Whether contesting assertions in adversarial litigation constitutes breach
6. › Civil Procedure Act 2010 (Vic), ss 16, 17, 18, 21, 29
1. Practice and Procedure
2. › Implied undertaking
3. › [name withheld] undertaking
4. › Whether use of documents produced under compulsion in related proceedings constitutes breach
5. › Whether appeal from interlocutory orders is legitimately connected with underlying proceeding
1. Practice and Procedure
2. › Self-represented litigants
3. › Obligations of court to unrepresented parties
4. › Assessment of litigant's ability to engage in process
5. › Whether reasonable adjustments required

Quick Take

Applications under s 29 of the Civil Procedure Act 2010 (Vic) for breach of overarching obligations should only be made in clear cases; contesting an opposing party's assertions about disability in adversarial litigation does not, without more, constitute a breach of overarching obligations.