But it should not have been allowed to prevail over

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relevant consideration. But it should not have been allowed to prevail over the injustice of shutting the applicants out from raising an arguable defence, thus precluding the determination of an issue between the parties.’
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Qld cf Aon  n Qld v JL: principles of case management should not be employed ‘except in exceptional circumstances, to shut a party out from litigating an issue which is fairly arguable. n Aon v ANU: High Court disapproved this statement
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AON RISK SERVICES AUSTRALIA LTD  v ANU  (2009) 258 ALR 14 It is recognised by the courts that the resolution of disputes serves the public as a whole, not merely the parties to the proceedings ’ (per Gummow, Hayne, Crennan, Kiefel & Bell JJ) Factors to be taken into account: Reason for, and length of, delay Prejudice to be suffered by other party Stage in litigation when application made Prejudice to other litigants awaiting trial Parties not entitled to raise any arguable case at any 11
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Aon  cont. n Courts must always consider the public interest in the efficient use of court resources when determining whether to grant indulgences such as amending pleadings & corresponding adjournments. French CJ: …the time of the court is a publicly funded resource. Inefficiencies in the use of that resource, arising from the vacation or adjournment of trials, are to be taken into account. So too is the need to maintain public confidence in the judicial system.
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Aon v ANU per Heydon J  n noted ‘a certain culture & mentality’ commonly attributed to Qld v JL & a common opinion that the case has had a ‘damaging effect on the conduct of litigation’ n ‘Commercial life depends on the timely & just payment of money. Those who claim to be entitled to money should know, as soon as possible, whether they will be paid….How [claimants and those resisting claims] order their affairs affects how their they creditors…debtors…customers…employees etc order their affairs. The courts are thus an important aspect of the institutional framework of commerce. The efficiency or inefficiency of the courts has a bearing on the health or sickness of commerce.
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Amendments to Federal Court of  Australia Act 1976 ) - Access to Justice (Civil Litigation Reforms) Amendment Act 2009 (Cth) - to improve access to justice and efficient management and resolution of Federal Court proceedings - Explanatory Memo: key objective is to bring about a cultural change in the conduct of litigation AND to overcome the restrictive interpretation by the courts of what is in the interests of justice following State of Qld v JL Holdings
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‘Overarching Purpose’ n Central reform to carry out the objective is the introduction of the ‘overarching purpose’ principle into the Federal Court of Australia Act 1976.
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