Synopsis:
Settlement agreement — status of orders made pursuant to
settlement agreements — terms become an enforceable court
order — finality of court orders
Summary judgment — Rule 32 of Uniform Rules of Court —
rules governing the court process should not be disregarded —
courts may depart from a strict observance of the rules in the
interests of justice — substance ahead of form
Section 34 of the Constitution — access to court — settlement
orders that exclude raising defences — defences were effectively
raised — unsatisfactory assessment of defences does not amount
to denial of right of access to court
