Studholme v Rawson [2020] NSWCA 76

78 In giving effect to the dictates of Pt 6 of the Civil Procedure Act and the overriding purpose, two important constraints are to be borne in mind. First, Pt 6 does not provide a basis for departing from principles of procedural fairness as generally reflected in rules of civil procedure. Those principles are reflected in the requirement that the proceedings must be “just”. Secondly, while the judge is entitled to form a view as to what are the “real issues” in dispute between the parties, within limits the parties are entitled to define those issues. The limits are not easily defined, because they will depend upon the relevant legal principles, the available evidence and the professional practice obligations engaged in the particular case.