Directions Conferences
What is a Directions Conference?
A Directions Conference is an event that
brings the parties together for a detailed
discussion of the case, with the aim of
resolving the matter, or narrowing the issues
that remain to be determined at trial. A
range of matters may be considered at a
Directions Conference including:
• The possibility of settling the proceeding
without a hearing or by referring it to
mediation;
• Simplification of the issues;
• Possibility of obtaining admissions that
may facilitate the hearing or reduce the
costs;
• The necessity or desirability of further
pleadings;
• The amount of damages;
• The costs a part may have to pay as the
litigation continues; or
• The possible length of any trial.
Successful Directions Conferences greatly
assist in avoiding or significantly reducing
litigation costs.
How does the Directions Conference
work?
A Directions Conference is conducted by an
authorised registry officer, most commonly a
registrar, at the courthouse where the claim
was lodged. The person conducting the
conference acts as a neutral facilitator and
aims to assist the parties in their discussions.
Important things to know about the
Directions Conference are:
The person conducting a Directions
Conference constitutes a court, but the
conference is not conducted like a formal
court hearing;
• Directions Conferences are not a
mediation process (Alternative Dispute
Resolution);
•
•
•
•
Everything
said
in
a
Directions
Conference is confidential and open
discussion of contentious issues is
encouraged;
It is expected that all persons in
attendance will behave in a respectful and
courteous manner, with a view to
obtaining an outcome that is reasonable
for all parties involved;
Directions Conferences typically take an
hour to complete, however they may go
for a longer or shorter period of time
depending on the individual case;
The procedure for Directions Conferences
is governed by Part 9, Division 3 of the
Uniform Civil Procedure Rules 1999.
When can
Conference?
I
have
a
Directions
Parties may request a Directions Conference
once a defence has been filed and served. If
a party wishes to schedule a Directions
Conference they must send a letter of request
to the registrar of the court where the claim is
filed outlining the following details:
• the estimated length of a trial;
• that parties are aware of Alternative
Dispute Resolution (ADR) processes; and
• is ADR appropriate in the particular
matter? If not, why not?
The court may also direct that a conference
be held at any time after a defence has been
filed, even if not requested by the parties.
What is required of me at a Directions
Conference?
•
Parties are required to personally attend a
Directions Conference, unless attendance
would
cause
unreasonable
hardship,
inconvenience, or excessive costs. If a party
is legally represented, their counsel or
solicitor will also be directed to attend a
Directions Conference. Parties are permitted
to attend a conference via telephone;
however a request must be made in writing to
the courthouse to allow appropriate
arrangements to be made.
•
Each party, including a legal representative,
who attends a Directions Conference must:
• have a good understanding of the party’s
case and be in a position to answer
questions about the details of the claim or
the defence; and
• be in a position to make and respond to
any offer of settlement.
If a legal representative wishes to engage a
town agent to attend the Directions
Conference, the agent must also be
sufficiently aware of the case and in a
position to negotiate a settlement.
What can happen at a Directions
Conference?
There are a number of different outcomes to
any Directions Conference, for example:
• the parties may reach an agreement
and decide to record that agreement
in writing;
• each party may make admissions that
reduces the length of a trial;
• no agreement may be reached and the
proceeding may need to continue to
trial;
judgment may be awarded against a
party who fails to attend a Directions
Conference as directed;
appropriate directions may be made.
If the parties wish, any agreement reached
(e.g. settlement or admissions) in a
conference can be reduced to writing and
signed by the parties. With the consent of
the parties, a written agreement can be placed
with the court file and sealed, only to be
viewed with the parties consent or by an
order of the court. Alternatively, the registrar
is empowered to make any consent orders
required to give effect to an agreement signed
by the parties.
Remember, if you have received a notice to
attend a Directions Conference, it is very
important that you attend as directed. A
registrar is entitled to give judgment against
a party who fails to attend a Directions
Conference.
What are the costs?
Unless the court orders otherwise, the costs of
a Directions Conference are costs in the
proceeding. For information about the scale
of fees, please refer to Schedule 3 of the
Uniform Civil Procedure Rules 1999.
Further information
For more information about Queensland
Courts visit www.courts.qld.gov.au.
Please note: This publication was produced prior to the current government.