What does s 31A of the Federal Court Act address concerning summary judgments?

Section 31A of the Federal Court Act is significant in that it sets out the criteria for determining summary judgments. This section specifically requires the court to consider whether there are reasonable prospects of success for the case brought forward by the party seeking to avoid summary judgment.

The notion of “reasonable prospects of success” reflects a middle ground in the assessment of the case, requiring the court to evaluate if, on the evidence presented, there is more than a mere possibility that the case could succeed if it were to proceed to trial. It acknowledges that a case may have potential merit without necessitating an exhaustive examination of the complexities typically associated with a full trial.

This assessment helps the court to filter out claims that lack sufficient foundational merit, thereby promoting efficiency in the legal process. It ensures that only those cases with at least some reasonable chance of success proceed to trial, which serves to alleviate the burden on court resources and ensures that legitimate claims can proceed without unnecessary delay.

Other options, such as focusing solely on the strict likelihood of failure or on the overall complexity of the case, do not align with the explicit language and intent of s 31A. The framework established by this section is specifically designed to evaluate the evidence for indications of reasonable success, rather than merely