Following the implementation of further social distancing measures earlier this week, we have revised our position in relation to mediations.

From 30 March 2020, all mediations will be postponed.  Each mediation will be given a new date, commencing in June 2020.  While future dates are being given, these may need to be reviewed when the duration of the pandemic becomes clearer.

In the meantime, if you wish to consider private mediation, you may like to contact John Taylor on 8223 6477 or Stephen Dickinson on 0414 456 474.  They may be able to assist you, or recommend other private mediators who may be able to provide assistance.  If you do proceed to private mediation, please let the appropriate chambers know, so that your date can be offered to another matter.

For the 4 week period commencing 11 May 2020, all matters currently listed before Supreme Court Masters will be dealt with as previously advised during the Covid-19 shutdowns.  Here is a reminder:

  • All directions hearings will be done via email:
    • all adjournments will be by email.  A record of outcome will be sent to all parties.
    • if substantive orders are required, parties are to send in consent orders.  A record of outcome will be sent to all parties.
    • if parties cannot agree on consent orders, each party must set out their position with a brief explanation.  The master dealing with the matter will make a decision which will be emailed to all parties with a record of outcome.
    • emails for directions hearings are to be received by chambers by the time and date of the directions hearing – eg if the directions hearing is currently listed for 10.10 on 17 March 2020, all emails setting out the position of the parties are to be received by that time.  However, you are encouraged to send in your emails as soon as possible, and prior to the listed time, to allow efficient processing of all matters.
  • All arguments will be dealt with on the papers.  For arguments where there are currently orders in place, please advise chambers if further orders are required dealing, for example with the staggered filing of submissions.  Final submissions must be received by chambers by the time and date on which the argument is currently listed.
  • Settlement conferences will be held between the parties, by telephone or some other method agreed between them, without court involvement.  A directions hearing will be convened (by email) shortly after the current date for the settlement conference, to allow the parties to advise the Court of the outcome and for consequential orders to be made.  For conferences be listed in the future, they will be listed on the basis that a time for an email directions hearing will be given, with the settlement conference to be held by that time.
  • The only matters that will be dealt with in the court room will be possession applications where an order for possession is sought, winding up applications and urgent matters where there has not been time for the parties to agree a position.
  • If you are of the view that your directions hearing or argument must still proceed in a court room, please email chambers with your reasons, to allow the Master to consider your request and for appropriate arrangements to be made.  Such requests must be made at least 24 hours before the date and time set for the hearing. 

If the current government imposed restrictions are relaxed during this period, these procedures will be reviewed, and you will receive further communication from Chambers.                                                    
 

 
Judge Graham Dart                                                                            Judge Katrina Bochner 
SUPREME COURT MASTER                                                           SUPREME COURT MASTER

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