› Overarching purpose under Civil Procedure Act 2010 (Vic)
Practice and procedure
› Adjournment
› Late application — inadequate explanation for delay
Practice and procedure
› Change of solicitors
› Effect on trial readiness
Quick Take
1A party seeking to vacate a trial date at a late stage must provide a satisfactory and sufficiently detailed explanation for the delay, not merely generalised or assertive assertions of prejudice; the availability of extensive court book materials and completed interlocutory steps may substantially undermine claims that a change of solicitors prevents adequate trial preparation.
2The existence of a possessory lien over a former solicitor's file does not of itself justify vacating a trial date where the essential litigation materials — including pleadings, witness outlines, expert reports and a comprehensive court book — are otherwise available to the applicant and have been for months.
3When assessing whether vacation of a trial date serves the overarching purpose under ss 7–9 of the Civil Procedure Act 2010 (Vic), the court considers the entire procedural history, not merely the period since a change of solicitors, and weighs the impact on court resources, other litigants, and the prospect of obtaining a replacement trial date.
