337. Court may act on application or on own motion

337. Court may act on application or on own motion

(1) Unless the context otherwise requires, a power or discretion conferred on a court by or under this Act may be exercised by the court on the application of a party or on its own motion.

(2) Unless the context otherwise requires, a power or discretion referred to in subsection (1) includes a power or discretion to revoke or vary a decision or order made in the exercise of that power or discretion.

Traditionally, parties would decide what was in dispute, and courts would determine these questions. Increasingly, though, courts are being encouraged and required to act proactively to identify the key issues in need of resolution (see the High Court's decision in Aon Risk Services v ANU for detailed discussion).