According to the Overriding Purpose under section 56, what main principle must the court facilitate?

Study for the New South Wales Civil Practice and Procedure Test. Engage with multiple choice questions, comprehensive explanations, and helpful insights. Ace your exam with confidence!

The correct answer is rooted in the intent of the Overriding Purpose, which is designed to promote efficiency and effectiveness in the judicial process. Under section 56, the main principle that the court must facilitate is the just, quick, and cheap resolution of real issues. This principle emphasizes that the legal system should prioritize outcomes that are fair and timely, while also minimizing unnecessary expenses and complications for the parties involved.

This approach reflects a broader shift in civil procedure towards accessibility and efficiency, recognizing that prolonged litigation can hinder justice rather than serve it. By focusing on resolving disputes in a manner that is both economical and expedient, the court aims to ensure that legal processes do not become barriers to achieving justice for the parties involved.

In this context, the other options diverge from the primary goal established by the Overriding Purpose. The elimination of all legal procedures is impractical and would undermine the structure necessary for justice. Strict adherence to procedural rules could lead to unnecessary delays and obstruct the pursuit of just outcomes, contradicting the intent of facilitating quicker resolutions. Additionally, prolonged litigation, while thorough in some aspects, ultimately detracts from the goal of efficiency and can frustrate the parties seeking resolution.

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