Document ID: chunk:federal_register_of_legislation:C2005A00089:clause:1_13
Version: federal_register_of_legislation:C2005A00089
Segment Type: clause
Provision Reference: sch 1 cl 13
Character Range: 8291–9662

13  At the end of section 19
Add:

Power of a court in a civil proceeding

 (3) The power of a court to control the conduct of a civil proceeding, in particular with respect to abuse of process, is not affected by this Act, except so far as this Act expressly or impliedly provides otherwise.

Consideration of a matter in relation to closed hearings in a civil proceeding not to prevent later stay order

 (4) An order under section 38L does not prevent the court from later ordering that the civil proceeding be stayed on a ground involving the same matter, including that an order made under section 38L would have a substantial adverse effect on the substantive hearing in the proceeding.

Factors to be considered when deciding whether to order a stay of a civil proceeding

 (5) In deciding whether to order a stay of the civil proceeding, the court must consider:
 (a) the extent of any financial loss that a party would suffer as a result of the proceeding being stayed; and
 (b) whether a party has reasonable prospects of obtaining a remedy in the proceeding; and
 (c) any other matter the court considers relevant.

Note 1: The following heading to subsection 19(1) is inserted "Power of a court in a federal criminal proceeding".

Note 2: The heading to subsection 19(2) is altered by inserting "in a federal criminal proceeding" after "closed hearings".