Civil Procedure Act 2005

In deciding—

whether to make any order or direction for the management of proceedings, including—

any order for the amendment of a document, and

any order granting an adjournment or stay of proceedings, and

any other order of a procedural nature, and

any direction under Division 2, and

the terms in which any such order or direction is to be made,

For the purpose of determining what are the dictates of justice in a particular case, the court—

must have regard to the provisions of sections 56 and 57, and

may have regard to the following matters to the extent to which it considers them relevant—

the degree of difficulty or complexity to which the issues in the proceedings give rise,

the degree of expedition with which the respective parties have approached the proceedings, including the degree to which they have been timely in their interlocutory activities,

the degree to which any lack of expedition in approaching the proceedings has arisen from circumstances beyond the control of the respective parties,

the degree to which the respective parties have fulfilled their duties under section 56 (3),

the use that any party has made, or could have made, of any opportunity that has been available to the party in the course of the proceedings, whether under rules of court, the practice of the court or any direction of a procedural nature given in the proceedings,

the degree of injustice that would be suffered by the respective parties as a consequence of any order or direction,

such other matters as the court considers relevant in the circumstances of the case.