37Simplified outline of this Part

37  Simplified outline of this Part  

This Part deals with various aspects of how the Commonwealth, and certain Commonwealth entities, are to handle claims and conduct litigation. 

Division 2 deals with the model litigant obligation. This sets out the standards of honesty and fairness that the Commonwealth, and certain Commonwealth entities, must comply with when handling claims and conducting litigation.

Division 3 deals with claims and litigation by or against the Commonwealth and entities. Amongst other things, it requires entities to handle claims and conduct litigation in accordance with legal principle and practice, and in compliance with the Attorney-General’s instructions.

Division 4 deals with the obligations of certain corporate Commonwealth entities in respect of claims and litigation, particularly when they become involved in litigation that gives rise to a constitutional issue. 

Division 5 sets out when certain Commonwealth entities must obtain the Attorney-General’s approval before objecting to the jurisdiction of certain State and Territory courts, or submitting or objecting to the exercise of certain powers by other State and Territory bodies.

Division 6 deals with the circumstances in which entities may use in-house lawyers to conduct court litigation.

Division 7 sets out how the responsibility for making public interest immunity claims is to be distributed amongst relevant Commonwealth entities.

Division 8 sets out when entities must plead limitation defences and oppose applications for the extension of limitation periods.

 

Division 2—The model litigant obligation