Practice Direction 9
(Revised)
Back to list of
Practice Directions
Lists and Copies of Authorities
| Purpose | Format | Citations | Filing and Lodgement of
Copies |
| Photocopies of Authorities | Copies
for Reporters |
1. Purpose of lists of
authorities
Lists
of authorities are required in advance of hearings to enable the Judges’ staff
to have references ready in Court. It is
not always possible to attend to this at the last minute. Accordingly, timely lodgement is
important. It is also important to
ensure that citations are accurate.
2. Format
(1) The
list should bear:
(a) The full heading of the action.
(b) The anticipated date of hearing.
(c) The name or names of the Judge or Judges or Master to hear the
case (if known).
(2) The
lists should be divided into two parts:
(a) PART I to be headed “Authorities to be Read” is to
contain the authorities from which passages are to be read to the Court.
(b) PART II to be headed “Authorities to be Referred to” is
to contain the authorities which are relied upon but from which counsel does
not expect to read.
(3) Care should be taken in compiling Part I to
ensure it is confined only to cases which will be read from in submissions.
| top |
3. Citations
Where a
case is reported in the South Australian State Reports, Commonwealth Law
Reports or the English authorised Reports (The Law Reports), the report of the
case in that series must be used. If the
case is not reported in those series of reports, any other recognised series
may be used. Where unreported judgments
are in a list any media neutral citation for them should be included.
| top |
4. Filing and lodgment of
copies
(1) The
list of authorities is to be filed in the Registry by no later than the times
stipulated below.
(2) Additional
copies of the list are to be lodged with chambers as follows.
(a)
The list of
authorities is to be delivered and exchanged no later than the time for
delivery of the Outline of Submissions in Practice Direction 25. Three copies of the list of authorities are
to be lodged with the associate to the presiding Judge.
(b) Ordinary Civil List
One copy of the list
of authorities is to be delivered to the associate to the trial Judge, but, if
that Judge is not known, it is to be lodged in the Registry two working days
prior to the date set for the commencement of the trial.
(c) Other matters before a Single Judge or a Master
(i) one copy of the
list is to be lodged with the Judge’s associate or the Master’s Personal
Assistant two working days prior to the anticipated date of hearing;
(d) Matters to be heard on circuit
(i) one copy of the
list is to be lodged with the Judge’s associate two working days prior
to the date of departure of the Judge on circuit.
(3) (a) A facsimile of
the list to be filed in the Registry under para 4(1) may be transmitted to
the Registry by the due date on 8212 7154.
(b) A facsimile of a list to be lodged under para 4(2) may be
transmitted to Supreme Court Judges’ Chambers on 8204 0442 or to Supreme Court
Masters’ Chambers on 8204 0540.
(4) Where
copies are to be lodged with Chambers:
(a) for Judge’s Chambers they may be left
at the Security Desk at the Gouger Street Entrance of the Supreme Court
Building.
(b) For Master’s Chambers they may be delivered
to the Personal Assistant for the Master on the 5th Floor of the
| top |
The
court discourages the handing up of photocopies of decisions readily available
in the Supreme Court library. The cost
of those photocopies is not to be a cost to the client unless the client
consents or the Court so directs. Their
cost will not be recoverable as an item of party and party costs except in
those cases where, before the hearing, the court has authorised the handing up
of the photocopies. Where a party
proposes to rely on a case not contained in the list of authorities, the
existing practice should continue of making a copy available to the court and
to the other party. Their cost will not
be recoverable either from the client or as an item of party and party
costs. It is only in exceptional cases
that copies of cases in Part II of the list are to be handed up.
| top |
A copy
of the list of authorities must be handed to the reporters in Court prior to
the commencement of the hearing.
Copies
of medical or technical reports to be tendered at the hearing should also be
handed to the reporters in Court at the time at which they are tendered.
| top |
27 February 2006
(Edie Bransbury)
Registrar