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The Listing of Trials in Civil
Jurisdiction
Settlement negotiations
| Trial before a Master | Circuit
sittings | Long and complex trials
This practice direction is
issued to consolidate the practices that now occur in the listing of an action
for trial. Accordingly, some sections
of this practice direction may also be found elsewhere in current practice
directions or may reflect practices that have been instigated by the Court in
recent years.
General
1. When
an order is made for trial by a Master the action is referred to the Listing
Section for a listing conference at a given time and date, normally
approximately 7 days after the Master's order.
2. The
parties or their solicitor will attend at the Registry at the time appointed by
the Master. No other notice will be
given of the date or time. Prior to
attending before the Listing Section the solicitors or parties in person will
be expected to check availability of witnesses and counsel. The Listing Section will set the first
available date for the trial of the action taking into account, as far as reasonably
possible, the dates in which witnesses and counsel are available. It is intended, so far as is practicable,
that dates for trial will be set no later than six weeks from the Master's
order for trial. If any party fails to
attend at the listing conference the Listing Section may nevertheless list the
action for trial as he/she thinks fit.
The costs of attendance before the Listing Section will be treated as
costs in the case unless the Court subsequently orders otherwise.
3. A
list of cases having trial dates for a particular month will be published
approximately three weeks before the commencement of that month. The listing of a trial can only be changed
by order of the Court. If an
adjournment of a trial is required application must be made to a Master in the
usual manner at the first opportunity.
Solicitors are requested to advise the Listing Section at the first
opportunity if a matter listed for trial has settled.
4. Any
reason for which a matter should be given a priority listing when a trial date
is set must be made known to the Master hearing the pre-trial proceedings and
also to the Listing Section at the time of setting the trial date.
5. Cases
listed will be assigned to judges available to hear them in the week preceding
the trial date. Cases proceeding but
not allocated to a judge at the callover will remain on one hours call until
4.00 p.m. that day. If a case has not
commenced by 4.00 p.m. it is treated as a not reached case. However, the Listing Section with the
consent of all the parties to a trial may carry over a reserve trial so that it
remains first reserve on the day following its set trial date.
6. Cases that do not proceed and are not
reached will be referred back to the Listing Section for a further listing
conference at which time a priority listing will be given to ensure disposal at
the next listing.
7. Where at the commencement or during a
trial, a Judge remains out of Court to enable the parties to negotiate for a
period of more than 30 minutes, subject to any direction given by the
particular Judge, the practice of the Court will be to warn the next reserve
case to commence at the first opportunity.
The reserve case will then take precedence over the case in which
negotiations are occurring which may then become the first reserve case.
Trial before a Master
8. Pursuant
to Rule 75.01(1) an action may be tried by a Master if so ordered by a Judge,
or pursuant to Rule 75.01A if the action is an assessment of damages. If all the parties to an action consent to a
trial before a Master such an order will be made by a Judge without attendance.
If a Master is available
to hear a trial and the parties to a trial listed for that day do not consent
to the trial proceeding before the Master then a Judge may be called upon to
hear from either counsel or instructing solicitors as to why an order should
not be made pursuant to Rule 75.01(1).
Circuit sittings
9. The
setting of trial dates for matters referred into circuit lists by a Master will
occur at a callover of that circuit's list before the judge presiding over the
circuit. Such a callover will usually
occur in the week prior to the commencement of the circuit sittings. A warning list advising of such circuit list
callovers will appear in the case list.
If there is insufficient
business the Court reserves the right to cancel any planned Circuit
sittings. Furthermore if an unusually
large amount of Court business is listed the Court may elect to hold additional
circuit sittings or to extend existing sitting times.
Long and complex trials
10. Where appropriate in proceedings of unusual
length and complexity the Chief Justice, at the request of any party, may
assign a Judge to take charge of a case at an early stage of proceedings with a
view to such Judge dealing with all interlocutory matters (as the Judge deems
appropriate) and conducting the trial of the action in due course.
DATED the 10th day of
December, 2004.
(Edie
Bransbury)
REGISTRAR