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Applications
For Directions Conferences – Rule 56B
Interlocutory
Applications
| applications for directions
and interlocutory applications |
| status hearing | settlement conference | further
directions hearing |
| interlocutory applications
| listing conference |
1. This Practice Direction applies to actions
commenced on and after 3 June 2000.
2. The aim of
the Practice Direction is to facilitate the implementation of a comprehensive
procedure for the expeditious management of actions in the Court’s Civil
Jurisdiction as altered by Amendment 72 to the Supreme Court Rules, which is
effective from 3 June 2000.
3. The system of caseflow management in the
civil jurisdiction will be administered with the aim that cases at first
instance be disposed of or come to trial within 365 days of the commencement of
proceedings.
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4. Applications for Directions and Interlocutory Applications
The
application for directions (AFD) will continue to be the vehicle upon which
orders are made until the action is set down for trial. In ordinary circumstances, the AFD will be
returned at the conclusion of an unsuccessful Settlement Conference and any
other directions hearings.
If a
party wishes to have the action proceed as a long and complex action, they
should lodge a letter of request with their first pleading.
If an
action is designated as a complex action it will be referred for Judge
management.
If a
party, at a later stage, wishes to have the action proceed as a long and
complex action, the party must write to the Chief Justice or Chief Judge of the
Jurisdiction seeking to have the action designated as a complex action: Rule
2A.04.
If an
action is designated as a complex action it will be referred for Judge
management.
If a
party wishes to have an action case managed by a judge attending country circuit
locations, they should lodge a letter so requesting addressed to the Registrar.
If the
action involves jurisdiction under the Jurisdiction of Courts (Cross-vesting)
Act 1987, the plaintiff’s solicitor shall apply to the Listing Co-ordinator, as
soon as practicable after the filing of the first appearance, for the
application for directions to be listed for hearing before a Judge.
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5. This will
normally be held seven weeks after the filing of the first appearance:
R56B.03(b). Written notice of the
hearing will be given to all parties, who have filed a notice of address for
service in the action.
6. By the time of the Status Hearing, it is
expected that the parties will have:
(a) served a
formulated claim and a response;
(b) completed
the pleadings;
(c) exchanged
any experts’ reports in their possession; and
(d) considered what will be necessary to arrange a
meaningful Settlement Conference and, in particular, the availability of the
appropriate personnel
7. The Court will give directions in
accordance with Rule 56B.04 in respect of a Settlement Conference.
8. If it is desired to hold the Status
Hearing at a location other than Adelaide, the party requesting must write to
the Registrar seeking that the Hearing be convened elsewhere. The letter must indicate:
(a) whether
there is agreement amongst all other parties to the action in relation to the
alternative location;
(b) confirmation
of the preferred location for the conduct of the Hearing; and
(c) confirmation
that the letter has been served on all other parties to the action.
If the issue of location is disputed, the Registrar must
refer the letter to a Master for determination.
9. The Court
will facilitate Status Hearings for country practitioners and their clients by
arranging to conduct the Status Hearing in one of the following ways:
(a) by a
Supreme Court Judge while attending circuit sittings at Port Augusta or Mount
Gambier; or
(b) by a Master
of the Supreme Court going to a convenient location (if there are special
circumstances or considerations); or
(c) by a
telephone conference (tele-conference).
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10. This will normally be held approximately
four weeks after the Status Hearing: R56B.05(d). The parties will be advised of this date and time at the Status
Hearing.
11. Such persons as were identified at the
Status Hearing shall attend or be available as directed.
12. At the Settlement Conference the parties
and/or their representatives will be expected to use their best endeavours to
resolve the action, under the guidance and direction of the Court.
13. In the event that the parties reach a
settlement, which is to be effected by a judgment, judgment will be entered in
accordance with the terms agreed by the parties. If, for any reason, it is not possible to record the judgment,
the terms of settlement will be recorded and arrangements made to complete the
finalisation of the action in due course.
14. In the event that the parties are unable to reach
a settlement, the Court will discuss the possibility of mediation and will give
directions to bring the action to trial.
In particular, the Court may:
(a) review the
pleadings and make such orders as may be necessary; and
(b) consider
and make any necessary orders in respect of:
(i) discovery, production and inspection
(ii) interrogatories
(iii) experts’ reports
(iv) Affidavit of Loss and Response
(v) notices to admit;
(c) fix a date
and time for a final or further directions hearing;
(d) expect the
parties to discuss any particular or specific order in relation to discovery
including the use of computerised litigation support facilities;
(e) consider
any special directions required for the action or any probable special resource
implications;
(f) expect
the parties to give an indication of likely trial length; and
(g) give
directions in respect of filing of copy documents and a Certificate of
Readiness.
15. The Court may facilitate Settlement Conferences
for country practitioners and their clients by arranging to conduct the
Settlement Conference (at which attendance of the parties is compulsory) in one
of the following ways::
(a) by a
Supreme Court Judge while attending circuit sittings at Port Augusta or Mount
Gambier; or
(b) by a Master
of the Supreme Court going to a convenient location (if there are special
circumstances or considerations).
It is
not appropriate or practical for Settlement Conferences to be conducted with
the assistance of a telephone conference.
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16. The date for the hearing of a further
directions hearing will be 14 weeks after the Settlement Conference unless
another date is fixed at the Settlement Conference.
17. File principals will be expected to attend
at the appointed time and place.
18. The Court will expect the pleadings to be in
their final form.
19. The Court may review all previous orders to
check compliance. If necessary,
consequential orders resulting from non-compliance will be made at that time,
including any orders for costs arising from non-compliance.
20. The Court will check that all experts’
reports have been disclosed and there has been compliance with any order as to
conferences of experts.
21. The Court will check and confirm any
previous orders relating to special arrangements relating to physical and/or
judicial resources and, if necessary or desirable, make additional orders in
that respect.
22. The parties will be expected to confirm the
estimated trial duration.
23. Subject to
copy documents and an appropriate Certificate of Readiness having been filed,
the Court will order that the action proceed to trial and fix a date and time
for a Listing Conference.
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24. If it is necessary to obtain additional
orders, in respect of matters not contemplated at the Status Hearing,
Settlement Conference or any further directions hearing, or to compel
compliance with any order made at such hearing or conference, the party seeking
the order should issue a further application indicating the specific order
sought and where appropriate file a supporting affidavit. Such further applications should be taken
out at the earliest opportunity, but will not be considered as matters
appropriate for specially returnable applications. If the matter is one which ought reasonably to have been dealt
with at one of the conferences, the party seeking the order may be ordered to
pay the costs of the application.
Interlocutory
applications of this nature will be given a date and time of hearing, at the
time of the issuing of the application.
The party will be required to serve the application and supporting
affidavit on the other parties and, thereby, advise them of the time and date
of the application.
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25. The Listing Conference will normally be
fixed for a given date and time approximately seven days after the final
directions hearing. The parties or the
solicitors for the parties will attend at the office of the Listing
Co-ordinator at the time appointed by the Master. No other notice of the date or time will be given. Prior to attending before the Listing
Co-ordinator, solicitors, or the parties in person, will be expected to check
the availability of witnesses and counsel.
The Listing Co-ordinator will set the first available date for the trial
of the action taking into account, so far as reasonably possible, the dates
when witnesses and counsel are available.
Parties attending the Listing Conference should be in a position to
indicate the availability of counsel and witnesses as from six weeks from the
date of the conference. Any order for
priority listing should be brought to the attention of the Listing Co-ordinator
by the parties. If any party or the
solicitor for the party fails to attend at the Listing Conference, the Listing
Co-ordinator may nevertheless list the action for trial. The costs of attendance before the Listing
Co-ordinator will be treated as costs in the cause unless the court subsequently
orders otherwise.
26. It is intended so far as practicable that
judgments be delivered no later than 60 days from the date of the conclusion of
the trial.
DATED 4 October, 2000.
(Peter
Washington)
ACTING REGISTRAR
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