Mr. Tom Flynn:

I am not sure it is really a problem. The current judge has the practice of informally putting respondents on notice that a leave application is being made, albeit made ex parte. The threshold for ex parteleave is relatively low. In most cases you will get leave. You might not get leave in all the points related to it. Then the parties simply agree. In many cases, a developer will make a tactical decision, even if offered the opportunity to oppose leave, not to do that and simply to get on with the case because it is not worthwhile to oppose leave because the threshold is so low in relation to it. I am not convinced there is a problem around the status quo. Changing thestatus quohas the potential to stir the pot and introduce counterproductive practices.