› Stay of concluded civil proceedings pending potential criminal proceedings
› Whether stay appropriate where no criminal proceedings on foot and no evidence of likely prosecution
Practice and Procedure
› Setting aside judgments and orders
› UCPR r 36.15
› General power to set aside judgment or order
› Whether judgment given or entered irregularly, illegally or against good faith
› Finality of judgments
› Uniform Civil Procedure Rules 2005 (NSW), r 36.15
Practice and Procedure
› Abuse of process
› Self-represented litigant seeking to relitigate matters already determined
› Proper course is appeal not collateral attack on judgment
Quick Take
A stay of concluded civil proceedings pending potential criminal proceedings will not be granted where no criminal proceedings are on foot and there is no evidence that prosecution is likely.
