Document ID: chunk:federal_register_of_legislation:C2005A00137:clause:1_17a
Version: federal_register_of_legislation:C2005A00137
Segment Type: clause
Provision Reference: sch 1 cl 17A
Character Range: 5955–7053

17A  Summary judgment

 (1) The Federal Magistrates Court may give judgment for one party against another in relation to the whole or any part of a proceeding if:
 (a) the first party is prosecuting the proceeding or that part of the proceeding; and
 (b) the Court is satisfied that the other party has no reasonable prospect of successfully defending the proceeding or that part of the proceeding.

 (2) The Federal Magistrates Court may give judgment for one party against another in relation to the whole or any part of a proceeding if:
 (a) the first party is defending the proceeding or that part of the proceeding; and
 (b) the Court is satisfied that the other party has no reasonable prospect of successfully prosecuting the proceeding or that part of the proceeding.

 (3) For the purposes of this section, a defence or a proceeding or part of a proceeding need not be:
 (a) hopeless; or
 (b) bound to fail;
for it to have no reasonable prospect of success.

 (4) This section does not limit any powers that the Federal Magistrates Court has apart from this section.

Judiciary Act 1903