DIRECTIONS GROUP ORDERS
2015
Authorised by Judge O’Neill, Judge in charge of the Common Law Division and
Judge Kennedy, Judge in charge of the Commercial Division.
This document supersedes Directions Orders and Guidelines version dated
12.06.2015.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 1
DIRECTIONS GROUP ORDERS ..................................... 1
Form for Consent Orders............................................................ 4
Timetabling Orders ..................................................................... 5
Commercial Division .................................................................................. 5
Commercial Division General List Trial Melbourne........................................................... 5
Commercial Division General List Trial Circuit ................................................................. 6
Commercial Division Banking and Finance List ................................................................ 8
Commercial Division Building Cases List ......................................................................... 9
Common Law Division General List ....................................................... 11
Common Law Division General List Jury Trial – Melbourne ........................................... 11
Common Law Division General List Jury Trial – Circuit ................................................. 12
Common Law Division General List Jury– Melbourne Long Mediation .......................... 14
Common Law Division General List Cause Trial – Melbourne ...................................... 16
Common Law Division General List Cause Trial – Circuit ............................................. 17
Common Law Division General List Cause–Melbourne Long Mediation ....................... 18
Common Law Division Serious Injury List ............................................. 21
Common Law Division Serious Injury List s.93 Melbourne ............................................ 21
Common Law Division Serious Injury List s.93 Circuit ................................................... 22
Common Law Division Serious Injury List s.134AB Melbourne ...................................... 24
Common Law Division Serious Injury List s.134AB – Circuit ......................................... 25
S23 Limitation of Actions Act .................................................................. 27
Section 93 together with Section 23A ............................................................................. 27
Section 23A Limitations of Actions Act – Melbourne ...................................................... 28
Common Law Division Medical List ....................................................... 29
Medical List – Melbourne ................................................................................................ 29
Medical List Circuit .......................................................................................................... 31
Application seeking an extension of time within which to commence a proceeding
(where a defence raises the Limitations of Actions Act 1958) ........................................ 33
Mediation Result Order ................................................................................................... 33
Common Law Division Family Property List.......................................... 34
Testator Family Maintenance Listing a Judicial Settlement Conference ........................ 34
Testator Family Maintenance Setting Down for Trial After Judicial Settlement
Conference...................................................................................................................... 36
Testator Family Maintenance Listing Private Mediation and Trial .................................. 37
Domestic Partnership Dispute Writ Mediation ................................................................ 39
Domestic Partnership Dispute Writ Judicial Settlement Conference .............................. 40
Domestic Partnership Dispute OM Judicial Settlement Conference .............................. 41
Domestic Partnership Dispute OM Mediation ................................................................. 42
Template orders various ........................................................... 44
Subsequent Administrative Mention (SAM) ........................................... 44
Pleadings .................................................................................................. 44
Addition of Defendant/s ................................................................................................... 44
Substitution of Parties ..................................................................................................... 44
Amend Description of Defendant .................................................................................... 44
Joinder of Third Party...................................................................................................... 45
Application to join another party...................................................................................... 45
Amend the Writ and Statement of Claim ........................................................................ 45
Amend the Statement of Claim ....................................................................................... 45
Defence ........................................................................................................................... 45
Defence and Counterclaim ............................................................................................. 45
Defence to Counterclaim ................................................................................................ 45
Reply ............................................................................................................................... 45
Reply and Defence to Counterclaim ............................................................................... 45
Directions Group Orders 2015 / Version dated 31.07.2015
Page 2
Further and Better Particulars................................................................. 46
Further and better ........................................................................................................... 46
Discovery .................................................................................................. 46
Make Discovery .............................................................................................................. 46
Discovery – General ....................................................................................................... 46
Interrogatories .......................................................................................... 46
General Order for all parties ........................................................................................... 46
Answers to Interrogatories .............................................................................................. 46
Mediation................................................................................................... 46
Mediation Order .............................................................................................................. 46
Mediation Order including ‘those with ultimate responsibility’ to attend ......................... 47
Long Mediation Order 1 .................................................................................................. 47
Long Mediation Order 2 Lawyers take all necessary steps to ensure that the mediation
commences on the date and time ................................................................................... 47
Trial dates ................................................................................................. 48
List a Trial Date - Melbourne........................................................................................... 48
List a Trial Date – Circuit ................................................................................................. 48
First Circuit next year ...................................................................................................... 48
Reinstate a Trial Date ..................................................................................................... 48
Confirm a Trial Date ........................................................................................................ 48
Vacate a Trial Date – Melbourne .................................................................................... 48
Vacate a Trial Date – Circuit ........................................................................................... 48
Vacate a Trial Date & Refix - Melbourne ........................................................................ 49
Vacate a Trial Date & Refix – Circuit .............................................................................. 49
Reinstate Proceeding ...................................................................................................... 49
Directions Hearings ......................................................................................................... 49
Vacation of Directions Hearings...................................................................................... 49
Vacating Directions Hearing for non-payment of Trial Fee ............................................. 49
Payment of Fees ....................................................................................... 49
Setting down for trial fee - payment ................................................................................ 49
Setting down for trial fee – to stand ................................................................................ 50
Jury Fee – payment ........................................................................................................ 50
Jury Fee – to stand ......................................................................................................... 50
Miscellaneous Orders .............................................................................. 50
Extension of time ............................................................................................................ 50
Transfer between lists ..................................................................................................... 50
Proceedings to be listed together ................................................................................... 50
Consolidation order example .......................................................................................... 50
S138 recovery proceedings – optional orders ................................................................ 50
Service of Order on another party .................................................................................. 51
Service of Order on another party by post ...................................................................... 51
Litigation Guardian .................................................................................. 51
Appointing Litigation Guardian ........................................................................................ 51
Removal of Litigation Guardian ...................................................................................... 51
Finalisation of Proceedings..................................................................... 51
Struck out ........................................................................................................................ 51
Struck out with right of reinstatement ............................................................................. 51
Struck out with specific right of reinstatement ................................................................ 52
Dismissed........................................................................................................................ 52
Directions Group Orders 2015 / Version dated 31.07.2015
Page 3
PLEASE ENSURE THAT THE DIRECTIONS GROUP
GUIDELINES 2015 DOCUMENT HAS BEEN CONSULTED
BEFORE USING THIS DOCUMENT AND SUBMITTING
CONSENT ORDERS.
Form for Consent Orders
IN THE COUNTY COURT OF VICTORIA
AT
Division
List
PROCEEDING NO: CI-
PLAINTIFF:
DEFENDANT:
Date of Document:
Filed on behalf of:
Solicitors Code:
DX:
Prepared by:
Solicitors:
Tel No:
Ref:
BEFORE:
TYPE OF ORDER:
In Chambers Order (based on signed Minutes of
consent orders dated
)
DATE OF ORDER :
ORDERS:
(insert text of orders sought)
……………………………………….
……………………………………
Signature of Plaintiff’s legal representative
representative
Signature of Defendant’s legal
Directions Group Orders 2015 / Version dated 31.07.2015
Page 4
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Timetabling Orders
Commercial Division
Commercial Division General List Trial Melbourne
Note: In general orders for interrogatories will not be made in this Division.
Interrogatories will not be permitted without a specific further order after the
submission of draft interrogatories to the Court.
1. The proceeding is set down for trial on
sitting alone (estimate
sitting days).
as a Cause before a judge
OR
2. The trial listed for
is vacated and the proceeding is refixed for trial on
as a Cause (estimate
days).
3. The plaintiff is to pay the setting down for trial fee on or before
. In
default, the defendant may pay the fee within a further 21 days. If the fee is
not paid the trial date will be vacated.
OR
4. The setting down for trial fee has been paid in this proceeding.
5. Any application to vacate the trial date is to be made at least 28 days prior to
the trial date to the Commercial Division Duty Judge.
6. The parties shall cooperate in completing the interlocutory processes so that
the action is brought to trial as quickly as possible.
7. By 4:00pm on
, the defendant is to file and serve a defence.
8. By 4:00pm on
, the parties must deliver any request for further and
better particulars of a pleading. Any request must be answered within 30
days.
9. By 4:00pm on
, each party must make discovery (including full
inspection) of the following documents:
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
Directions Group Orders 2015 / Version dated 31.07.2015
Page 5
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.
10. All other interlocutory processes will be conducted in accordance with the
Rules of Court.
11. By 4:00pm on
, all parties are to file and serve all expert reports as to
damages and liability upon which they intend to rely together with all
supporting documentation.
12. By
, the parties must have completed the mediation of the dispute.
13. The parties must notify the Court if the action settles.
14. By
, each party must have issued any subpoenas under Order 42A.
15. Court Books must be prepared by the Parties, (either jointly or separately)
and filed with the Court at the commencement of the hearing.
16. Reserve liberty to the parties to apply to the Commercial Division Duty Judge
for further directions upon giving reasonable notice to all other parties.
17. Reserve costs.
Commercial Division General List Trial Circuit
Note: In general orders for interrogatories will not be made in this Division.
Interrogatories will not be permitted without a specific further order after the
submission of draft interrogatories to the Court.
1. The proceeding is fixed for trial at
not before the circuit
commencement date of
, to be heard as a Cause (estimate
days).
OR
2. The trial listed at
not before the circuit commencement date of
is vacated and refixed for trial not before the circuit commencement date of
as a Cause (estimate
days).
OR
3. The proceeding will be set down for trial at
, not before the first circuit
commencement date of 2016, to be heard as a Cause (estimate
days).
4. By 12.10.2015, the parties will be advised by the Registrar at
date of the first circuit commencement date of 2016.
of the
5. Alternatively, the parties (or a party) may apply to the Associate to Judge
Kennedy to have the proceeding fixed for trial in Melbourne or as a special
Directions Group Orders 2015 / Version dated 31.07.2015
Page 6
fixture before a Commercial Judge at the circuit court or an available court in
the vicinity.
6. The plaintiff is to pay the setting down for trial fee on or before
. In
default, the defendant may pay the fee within a further 21 days. If the fee is
not paid the trial date will be vacated.
OR
7. The setting down for trial fee has been paid in this proceeding.
8. Any application to vacate the trial date is to be made at least 28 days prior to
the trial date to the Commercial Division Duty Judge.
9. The parties shall cooperate in completing the interlocutory processes so that
the action is brought to trial as quickly as possible.
10. By 4:00pm on
, the defendant is to file and serve a defence.
11. By 4:00pm on
, the parties must deliver any request for further and
better particulars of a pleading. Any request must be answered within 30
days.
12. By 4:00pm on
, each party must make discovery (including full
inspection) of the following documents:
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.
13. All other interlocutory processes will be conducted in accordance with the
Rules of Court.
14. By 4:00pm on
, all parties are to file and serve all expert reports as to
damages and liability upon which they intend to rely together with all
supporting documentation.
15. By
, the parties must have completed the mediation of the dispute.
16. The parties must notify the Court if the action settles.
17. By
, each party must have issued any subpoenas under Order 42A.
18. Court Books must be prepared by the Parties, (either jointly or separately)
and filed with the Court at the commencement of the hearing.
19. Reserve liberty to the parties to apply to the Commercial Division Duty Judge
for further directions upon giving reasonable notice to all other parties.
20. Reserve costs.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 7
Commercial Division Banking and Finance List
Note: In general orders for interrogatories will not be made in this Division.
Interrogatories will not be permitted without a specific further order after the
submission of draft interrogatories to the Court.
1. The proceeding is set down for trial on
sitting alone (estimate
sitting days).
as a Cause before a judge
OR
2. The trial listed for
is vacated and the proceeding is refixed for trial on
as a Cause (estimate
days).
3. The plaintiff is to pay the setting down for trial fee on or before
. In
default, the defendant may pay the fee within a further 21 days. If the fee is
not paid the trial date will be vacated.
OR
4. The setting down for trial fee has been paid in this proceeding.
5. Any application to vacate the trial date is to be made at least 28 days prior to
the trial date to the Judge in Charge of the Commercial Division Banking and
Finance List.
6. The parties shall cooperate in completing the interlocutory processes so that
the action is brought to trial as quickly as possible.
7. By 4:00pm on
, the defendant is to file and serve a defence.
8. By 4:00pm on
, the parties must deliver any request for further and
better particulars of a pleading. Any request must be answered within 30
days.
9. By 4:00pm on
, each party must make discovery (including full
inspection) of the following documents:
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.
10. All other interlocutory processes will be conducted in accordance with the
Rules of Court.
11. By 4:00pm on
, all parties are to file and serve all expert reports as to
damages and liability upon which they intend to rely together with all
supporting documentation.
12. By
, the parties must have completed the mediation of the dispute.
13. The parties must notify the Court if the action settles.
14. By
, each party must have issued any subpoenas under Order 42A.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 8
15. Court Books must be prepared by the Parties, (either jointly or separately)
and filed with the Court at the commencement of the hearing.
16. Reserve liberty to the parties to apply to the Judge in Charge of the
Commercial Division Banking and Finance List for further directions upon
giving reasonable notice to all other parties.
17. Reserve costs.
Commercial Division Building Cases List
1. The proceeding is set down for trial on
sitting alone, (estimate sitting days).
as a Cause before a judge
OR
2. The trial listed for
is vacated and the proceeding is refixed for trial on
as a Cause (estimate days).
3. The setting down for trial fee must be paid by the plaintiff by
. In default,
the defendant may pay the fee within 21 days. Otherwise the hearing date will
be vacated.
OR
4. The setting down for trial fee has been paid in this proceeding.
5. [Only if trials are 10 days or longer] By
(about 60 days prior to the
trial date) the parties must discuss with each other the current state of
preparedness for the trial and whether a directions hearing would be
appropriate. The result of the discussion must be communicated in writing to
the Associate to His Honour Judge Anderson (or if he is unavailable, to the
Associate to the Commercial Division Duty Judge) by the plaintiff’s solicitors
and copied to each other party. The Judge will determine whether a directions
hearing should be held and will be fixed by the Judge’s Associate in
consultation with the parties.
6. Any application to vacate the trial date must be made to the Judge in Charge
of the Building Cases List, or if the Judge in charge is not available, to the
Commercial Division Duty Judge at least 30 days before the trial date.
7. The parties shall cooperate in completing the interlocutory processes so that
the action is brought to trial as soon as is reasonably practicable.
8. By 4pm on
, the defendant is to file and serve a defence.
9. By 4pm on
, the parties must deliver any request for further and better
particulars of a pleading. Any request must be answered within 30 days.
10. By 4pm on
, each party must make discovery (including full inspection)
of the following documents:
a. a. each document referred to in the party's pleadings or the particulars
of the pleadings;
Directions Group Orders 2015 / Version dated 31.07.2015
Page 9
b. b. any document which may be produced by the party at the trial
during examination-in-chief, cross-examination or re-examination;
c. c. any document which may harm the party's case;
d. d. any document or class of documents which any other party
reasonably requests the party to discover.
11. All other interlocutory processes will be conducted in accordance with the
Rules of Court.
12. By
, all parties are to serve all expert reports as to damages and liability
upon which the parties intend to rely together with all supporting
documentation.
13. By
, the parties must exchange a list of witnesses the party intends to
call at the trial with a summary of between six to ten lines, setting out the
substance of the evidence the witness will give.
14. By
, the parties must have completed the mediation of the dispute.
15. By
, each party must have issued any subpoenas under Order 42A.
16. By 4pm on
(one week before the trial date), trial counsel must submit
in writing to the Associates to His Honour Judge Anderson a running sheet
agreed by all parties. The running sheet must include:
a. the time estimate for each opening submission;
b. the names of all witnesses (including expert witnesses) to be called
and on what days;
c. the time estimate for examination in chief and cross-examination of
each witness;
d. the time estimate for each closing submission
17. Court Books must be prepared by the Parties, (either jointly or separately)
and filed with the Court at the commencement of the hearing.
18. The parties must notify the Court if the action settles.
19. Reserve liberty to the parties to apply to the Judge in Charge of the Building
Cases List for further directions upon giving reasonable notice to all other
parties.
20. Costs reserved.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 10
Common Law Division General List
Common Law Division General List Jury Trial – Melbourne
1. The proceeding is set down for trial on
days).
as a Jury (estimate
OR
2. The trial listed for
is vacated and the proceeding is refixed for trial on
as a Jury (estimate
days).
3. The plaintiff is to pay the setting down for trial fee on or before
. In
default, the defendant may pay the fee within a further 21 days. If the fee is
not paid the trial date will be vacated.
OR
4. The setting down for trial fee has been paid in this proceeding.
5. Any application to vacate the trial date is to be made at least 28 days prior to
the trial date to the Judge in Charge of the Common Law Division General
List.
6. By 4:00 pm on
the
is to pay the jury fee. In default, any other
party may pay the fee within a further 14 days. If the fee is not paid, the trial
will proceed as a cause.
OR
7. The first day’s jury fee is to stand as paid in this proceeding.
8. The parties are to cooperate in completing the interlocutory processes in
accordance with the Rules of Court so that the action is brought to trial as
quickly as is reasonably practicable.
9. By
other.
the parties have leave to serve any Notice for Discovery on each
10. By
the party served with a Notice for Discovery must make discovery
(including full inspection) of the following documents:
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.
11. The parties have leave to serve Interrogatories for the examination of each
other by
.
12. By 4:00 pm on
:
Directions Group Orders 2015 / Version dated 31.07.2015
Page 11
a. the parties are to exchange any medical and/or expert reports
concerning damages and liability;
b. the plaintiff is to serve particulars of special damage, loss of earnings
and loss of earning capacity.
13. By
, the parties are to mediate the dispute.
14. The plaintiff is to notify the Court in writing if the proceeding settles at or after
mediation, such notification to occur as soon as possible after settlement.
15. Any subpoena under Order 42A is to be issued by
.
16. No later than 28 days before the trial date:
a. the parties are to exchange any further medical and/or expert reports
concerning damages and liability, along with supporting
documentation;
b. the plaintiff is to serve any final particulars of special damages, loss of
earnings and loss of earning capacity.
17. Court Books must be prepared by the parties (either jointly or separately),
served 7 days prior to trial, and filed at the commencement of the trial with the
Judge’s Associate.
18. Liberty to apply to the Judge in Charge of the Common Law Division General
List for further directions upon reasonable notice to all other parties.
19. Costs reserved.
Common Law Division General List Jury Trial – Circuit
1. The proceeding is set down for trial at
not before the circuit
commencement date of
, to be heard as a Jury (estimate
days).
OR
2. The trial listed at
not before the circuit commencement date of
vacated and refixed for trial not before the circuit commencement date of
as a Jury (estimate
days).
is
OR
3. The proceeding will be set down for trial at
, not before the first circuit
commencement date of 2016, to be heard as a Jury (estimate
days).
4. By 11.10.2015, the parties will be advised by the Registrar at
date of the first circuit commencement date of 2016.
of the
5. Any application to vacate the trial date is to be made at least 28 days prior to
the trial date to the Judge in Charge of the Common Law Division General
List.
6. By
the Plaintiff is to pay the setting down for trial fee. In default, the
Defendant may pay the fee within a further 21 days. If the fee is not paid the
trial date will be vacated.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 12
OR
7. The setting down for trial fee has been paid in this proceeding.
8. By
the
is to pay the jury fee. In default, any other party may pay
the fee within a further 14 days. If the fee is not paid, the trial will proceed as
a cause.
OR
9. The first day’s jury fee is to stand as paid in this proceeding.
10. The parties are to cooperate in completing the interlocutory processes in
accordance with the Rules of Court so that the action is brought to trial as
quickly as is reasonably practicable.
11. By
other.
the parties have leave to serve any Notice for Discovery on each
12. By
the party served with a Notice for Discovery must make discovery
(including full inspection) of the following documents:
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.
13. By
the parties have leave to serve Interrogatories for the examination
of each other.
14. By
15. By
:
a. the parties are to exchange any medical and/or expert reports
concerning damages and liability;
b. the Plaintiff is to serve particulars of special damage, loss of earnings
and loss of earning capacity.
the parties are to mediate the dispute.
16. The Plaintiff is to notify the Court in writing if the proceeding settles at or after
mediation, such notification to occur as soon as possible after settlement.
17. By
any subpoena under Order 42A is to be issued.
18. No later than 28 days before the trial date:
a. the parties are to exchange any further medical and/or expert reports
concerning damages and liability, along with supporting
documentation;
b. the Plaintiff is to serve any final particulars of special damages, loss of
earnings and loss of earning capacity.
19. Court Books must be prepared by the parties (either jointly or separately),
served 7 days prior to trial, and filed at the commencement of the trial with the
Judge’s Associate.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 13
20. Liberty to apply to the Judge in Charge of the Common Law Division General
List for further directions upon reasonable notice to all other parties.
21. Costs reserved.
Common Law Division General List Jury– Melbourne Long Mediation
1. The proceeding is set down for trial on
days).
as a Jury (estimate
OR
2. The trial listed for
is vacated and the proceeding is refixed for trial on
as a Jury (estimate
days).
3. Any application to vacate the trial date is to be made at least 28 days prior to
the trial date to the Judge in Charge of the Common Law Division General
List.
4. By
the Plaintiff is to pay the setting down for trial fee. In default, the
Defendant may pay the fee within a further 21 days. If the fee is not paid the
trial date will be vacated.
OR
5. The setting down for trial fee has been paid in this proceeding.
6. By 4:00 pm on
the
is to pay the jury fee. In default, any other
party may pay the fee within a further 14 days. If the fee is not paid, the trial
will proceed as a cause.
OR
7. The first day’s jury fee is to stand as paid in this proceeding.
8. The parties are to cooperate in completing the interlocutory processes in
accordance with the Rules of Court so that the action is brought to trial as
quickly as is reasonably practicable.
9. By
other.
the parties have leave to serve any Notice for Discovery on each
10. By
the party served with a Notice for Discovery must make discovery
(including full inspection) of the following documents:
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.
11. By
the parties have leave to serve Interrogatories for the examination
of each other.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 14
12. By
:
a. the parties are to exchange any medical and/or expert reports
concerning damages and liability;
b. the Plaintiff is to serve particulars of special damage, loss of earnings
and loss of earning capacity.
13. The proceedings are referred to a mediator to be appointed by agreement
between the parties and failing such agreement, to a mediator appointed by
the Court.
14. The mediation is to be held at a time and place agreed by the parties and no
later than
.
15. The lawyers for the plaintiff will take all necessary steps to ensure that the
mediation commences on the date and time appointed and deliver a copy of
all pleadings to the mediator.
16. The lawyers for the defendants will take all necessary steps to ensure that the
mediation commence on the date specified.
17. The mediation is to be attended by the parties and a duly authorised
representative of the parties (or their insurer). The representative must have
the necessary authority to make all decisions relevant to the conduct of the
proceedings including the authority to settle the proceedings.
18. The mediator must, before proceeding, inform all parties of the amount of the
fees to be charged in respect of the mediation. Such fees, as agreed, shall be
paid equally by the parties and the mediator may decline to proceed until the
whole of the fees are paid.
19. Subject to the direction of the Trial Judge, in the event that the mediation fails
to settle the dispute, the costs of the mediation shall be costs in the cause.
20. The plaintiff is to notify the Court in writing if the proceeding settles at or after
mediation, such notification to occur as soon as possible after settlement.
21. By
any subpoena under Order 42A is to be issued.
22. No later than 28 days before the trial date:
a. the parties are to exchange any further medical and/or expert reports
concerning damages and liability, along with supporting
documentation;
b. the Plaintiff is to serve any final particulars of special damages, loss of
earnings and loss of earning capacity.
23. Court Books must be prepared by the parties (either jointly or separately),
served 7 days prior to trial, and filed at the commencement of the trial with the
Judge’s Associate.
24. Liberty to apply to the Judge in Charge of the Common Law Division General
List for further directions upon reasonable notice to all other parties.
25. Costs reserved.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 15
Common Law Division General List Cause Trial – Melbourne
1. The proceeding is set down for trial on
days).
as a Cause (estimate
OR
2. The trial listed for
is vacated and the proceeding is refixed for trial on
as a Cause (estimate
days).
3. Any application to vacate the trial date is to be made at least 28 days prior to
the trial date to the Judge in Charge of the Common Law Division General
List.
4. By
the Plaintiff is to pay the setting down for trial fee. In default, the
Defendant may pay the fee within a further 21 days. If the fee is not paid the
trial date will be vacated.
OR
5. The setting down for trial fee has been paid in this proceeding.
6. The parties are to cooperate in completing the interlocutory processes in
accordance with the Rules of Court so that the action is brought to trial as
quickly as is reasonably practicable.
7. By
other.
the parties have leave to serve any Notice for Discovery on each
8. By
the party served with a Notice for Discovery must make discovery
(including full inspection) of the following documents:
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.
9. By
the parties have leave to serve Interrogatories for the examination
of each other.
10. By
11. By
:
a. the parties are to exchange any medical and/or expert reports
concerning damages and liability;
b. the Plaintiff is to serve particulars of special damage, loss of earnings
and loss of earning capacity.
the parties are to mediate the dispute.
12. The Plaintiff is to notify the Court in writing if the proceeding settles at or after
mediation, such notification to occur as soon as possible after settlement.
13. By
any subpoena under Order 42A is to be issued.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 16
14. No later than 28 days before the trial date:
a. the parties are to exchange any further medical and/or expert reports
concerning damages and liability, along with supporting
documentation;
b. the Plaintiff is to serve any final particulars of special damages, loss of
earnings and loss of earning capacity.
15. Court Books must be prepared by the parties (either jointly or separately),
served 7 days prior to trial, and filed at the commencement of the trial with the
Judge’s Associate.
16. Liberty to apply to the Judge in Charge of the Common Law Division General
List for further directions upon reasonable notice to all other parties.
17. Costs reserved.
Common Law Division General List Cause Trial – Circuit
1. The proceeding is set down for trial at
, not before the circuit
commencement date of
, to be heard as a Cause (estimate
days).
OR
2. The proceeding will be set down for trial at
, not before the first circuit
commencement date of 2014, to be heard as a Cause (estimate
days).
3. By 12.10.2015, the parties will be advised by the Registrar at
date of the first circuit commencement date of 2016.
of the
4. Any application to vacate the trial date is to be made at least 28 days prior to
the trial date to the Judge in Charge of the Common Law Division General
List.
5. By
the Plaintiff is to pay the setting down for trial fee. In default, the
Defendant may pay the fee within a further 21 days. If the fee is not paid the
trial date will be vacated.
OR
6. The setting down for trial fee has been paid in this proceeding.
7. The parties are to cooperate in completing the interlocutory processes in
accordance with the Rules of Court so that the action is brought to trial as
quickly as is reasonably practicable.
8. By
other.
the parties have leave to serve any Notice for Discovery on each
9. By
the party served with a Notice for Discovery must make discovery
(including full inspection) of the following documents:
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
Directions Group Orders 2015 / Version dated 31.07.2015
Page 17
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.
10. By
the parties have leave to serve Interrogatories for the examination
of each other.
11. By
12. By
:
a. the parties are to exchange any medical and/or expert reports
concerning damages and liability;
b. the Plaintiff is to serve particulars of special damage, loss of earnings
and loss of earning capacity.
the parties are to mediate the dispute.
13. The Plaintiff is to notify the Court in writing if the proceeding settles at or after
mediation, such notification to occur as soon as possible after settlement.
14. By
any subpoena under Order 42A is to be issued.
15. No later than 28 days before the trial date:
a. the parties are to exchange any further medical and/or expert reports
concerning damages and liability, along with supporting
documentation;
b. the Plaintiff is to serve any final particulars of special damages, loss of
earnings and loss of earning capacity.
16. Court Books must be prepared by the parties (either jointly or separately),
served 7 days prior to trial, and filed at the commencement of the trial with the
Judge’s Associate.
17. Liberty to apply to the Judge in Charge of the Common Law Division General
List for further directions upon reasonable notice to all other parties.
18. Costs reserved.
Common Law Division General List Cause–Melbourne Long Mediation
1. The proceeding is set down for trial on
days).
as a Cause (estimate
OR
2. The trial listed for
is vacated and the proceeding is refixed for trial on
as a Cause (estimate
day/s).
3. Any application to vacate the trial date is to be made at least 28 days prior to
the trial date to the Judge in Charge of the Common Law Division General
List.
4. By
the Plaintiff is to pay the setting down for trial fee. In default, the
Defendant may pay the fee within a further 21 days. If the fee is not paid the
trial date will be vacated.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 18
OR
5. The setting down for trial fee has been paid in this proceeding.
6. The parties are to cooperate in completing the interlocutory processes in
accordance with the Rules of Court so that the action is brought to trial as
quickly as is reasonably practicable.
7. By
other.
the parties have leave to serve any Notice for Discovery on each
8. By
the party served with a Notice for Discovery must make discovery
(including full inspection) of the following documents:
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.
9. By
the parties have leave to serve Interrogatories for the examination
of each other.
10. By
:
a. the parties are to exchange any medical and/or expert reports
concerning damages and liability;
b. the Plaintiff is to serve particulars of special damage, loss of earnings
and loss of earning capacity.
11. The proceedings are referred to a mediator to be appointed by agreement
between the parties and failing such agreement, to a mediator appointed by
the Court.
12. The mediation is to be held at a time and place agreed by the parties and no
later than
.
13. The mediation is to be attended by the parties and a duly authorised
representative of the parties (or their insurer). The representative must have
the necessary authority to make all decisions relevant to the conduct of the
proceedings including the authority to settle the proceedings.
14. The mediator must, before proceeding, inform all parties of the amount of the
fees to be charged in respect of the mediation. Such fees, as agreed, shall
be paid equally by the parties and the mediator may decline to proceed until
the whole of the fees are paid.
15. Subject to the direction of the Trial Judge, in the event that the mediation fails
to settle the dispute, the costs of the mediation shall be costs in the cause.
16. The plaintiff is to notify the Court in writing if the proceeding settles at or after
mediation, such notification to occur as soon as possible after settlement.
17. By
any subpoena under Order 42A is to be issued.
18. No later than 28 days before the trial date:
Directions Group Orders 2015 / Version dated 31.07.2015
Page 19
a. the parties are to exchange any further medical and/or expert reports
concerning damages and liability, along with supporting
documentation;
b. the Plaintiff is to serve any final particulars of special damages, loss of
earnings and loss of earning capacity.
19. Court Books must be prepared by the parties (either jointly or separately),
served 7 days prior to trial, and filed at the commencement of the trial with the
Judge’s Associate.
20. Liberty to apply to the Judge in Charge of the Common Law Division General
List for further directions upon reasonable notice to all other parties.
21. Costs reserved.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 20
Common Law Division Serious Injury List
Common Law Division Serious Injury List s.93 Melbourne
1. The proceeding is set down for hearing on
Serious Injury Application.
(estimate
days) as a
OR
2. The trial listed for
is vacated and the proceeding is refixed for trial on
as a Serious Injury Application (estimate
days).
3. The plaintiff is to pay the setting down for trial fee on or before
. In
default, the defendant may pay the fee within a further 21 days. If the fee is
not paid the trial date will be vacated.
OR
4. The setting down for trial fee has been paid in this proceeding.
5. Any application to vacate the trial date is to be made at least 28 days prior to
the trial date to the Judge in Charge of the Common Law Division Serious
Injury List.
6. The parties are to cooperate in completing the interlocutory processes in
accordance with the Rules of the Court so that the action is brought to trial as
quickly as possible.
7. By 4:00 pm on
the plaintiff is to serve on the defendant:
a. particulars of injury specifying subsection of the definition of serious
injury in s.93(17) of the Transport Accident Act 1986 relied upon in this
application, together with a summary of the precise loss of body
function, impairment, disturbance or disorder or condition which will be
alleged at trial to have resulted from such injury;
b. copies of group certificates and income tax returns together with
supporting documentation in his/her possession or power from 3 years
prior to the date of the incident causing injury, to date;
c. and serve and file all affidavits including an affidavit from the plaintiff in
support of the application exhibiting medical or other material relied
upon in support of the application.
8. By 4:00 pm on
the defendant or his/her solicitors are to file and serve
all affidavits exhibiting medical and other material upon which he/she intends
to rely.
9. Any subpoenas issued under Rule 42A are to be issued on or before
.
10. No later than 6 weeks prior to hearing, the parties are to complete any
exchange of further affidavits or medical reports to be relied on at the hearing
and the plaintiff is to serve on the defendant any additional income tax returns
together with supporting documentation.
11. No later than 28 days prior to hearing, the parties are to complete any
inspection and copying of documents subpoenaed under Rule 42A.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 21
12. No later than 21 days prior to hearing, the parties are to serve any notices of
intention to cross-examine witnesses.
13. Where the parties elect to prepare separate Court Books, these are to be
exchanged 7 days prior to hearing and filed at the commencement of the
hearing.
14. Where the parties agree that a joint Court Book is to be prepared, it is to be
filed at the commencement of the hearing.
15. Generally, Court Books are not to contain:
a.
b.
c.
d.
more than one copy of a document;
taxation returns (but may contain a summary of them);
exhibit slips;
affidavits which merely exhibit documents (only the documents
themselves are to be included);
e. in the defendant’s case, any document already provided in the
plaintiff’s Court Book.
16. Taxation returns not included in the Court Books must be available for
production to the Court if required.
17. Reserve liberty to the parties to apply to the Judge in Charge of the Common
Law Division Serious Injury List for further directions upon giving reasonable
notice to all other parties.
18. Costs reserved.
Common Law Division Serious Injury List s.93 Circuit
1. The proceeding is set down for hearing at
, not before the circuit
commencement date of
, to be heard as a Serious Injury Application
(estimate
days).
OR
2. The proceeding will be set down for trial at
, not before the first circuit
commencement date of 2016, to be heard as a Serious Injury Application
(estimate
days).
3. By 12.10.2015, the parties will be advised by the Registrar at
date of the first circuit commencement date of 2016.
of the
4. Any application to vacate the trial date is to be made at least 28 days prior to
the trial date to the Judge in Charge of the Common Law Division Serious
Injury List.
5. By
the Plaintiff is to pay the setting down fee. In default, the Defendant
may pay the fee within a further 21 days. If the fee is not paid, the trial date
will be vacated.
OR
Directions Group Orders 2015 / Version dated 31.07.2015
Page 22
6. The setting down for trial fee has been paid in this proceeding.
7. By
the Plaintiff is to serve on the Defendant:
a. particulars of injury specifying subsection of the definition of serious
injury in s.93(17) of the Transport Accident Act 1986 relied upon in this
application, together with a summary of the precise loss of body
function, impairment, disturbance or disorder or condition which will be
alleged at trial to have resulted from such injury;
b. copies of group certificates and income tax returns together with
supporting documentation in his/her possession or power from 3 years
prior to the date of the incident causing injury, to date;
c. and serve and file all affidavits including an affidavit from the plaintiff in
support of the application exhibiting medical or other material relied
upon in support of the application.
8. By
the Defendant or his/her solicitors are to file and serve all affidavits
exhibiting medical and other material upon which he/she intends to rely.
9. By
any subpoenas issued under Order 42A are to be issued.
10. No later than 42 days prior to hearing, the parties are to complete any
exchange of further affidavits or medical reports to be relied on at the hearing
and the Plaintiff is to serve on the Defendant any additional income tax
returns together with supporting documentation.
11. No later than 28 days prior to hearing, the parties are to complete any
inspection and copying of documents subpoenaed under Order 42A.
12. No later than 21 days prior to hearing, the parties are to serve any notices of
intention to cross-examine witnesses.
13. Where the parties elect to prepare separate Court Books, these are to be
exchanged 7 days prior to hearing and filed at the commencement of the
hearing.
14. Where the parties agree that a joint Court Book is to be prepared, it is to be
filed at the commencement of the hearing.
15. Generally, Court Books are not to contain:
a. more than one copy of a document;
b. taxation returns (but may contain a summary of them);
c. exhibit slips;
d. affidavits which merely exhibit documents (only the documents
themselves are to be included);
e. in the Defendant’s case, any document already provided in the
Plaintiff’s Court Book.
16. Taxation returns not included in the Court Books must be available for
production to the Court if required.
17. Liberty to apply to the Judge in Charge of the Common Law Division Serious
Injury List for further directions upon reasonable notice to all other parties.
18. Costs reserved.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 23
Common Law Division Serious Injury List s.134AB Melbourne
1. The proceeding is set down for hearing on
Serious Injury Application.
(estimate
days) as a
2. OR
3. The trial listed for
is vacated and the proceeding is refixed for trial on
as a Serious Injury Application (estimate
days).
4. The plaintiff is to pay the setting down for trial fee on or before
. In
default, the defendant may pay the fee within a further 21 days. If the fee is
not paid the trial date will be vacated.
5. OR
6. The setting down for trial fee has been paid in this proceeding.
7. Any application to vacate the trial date is to be made at least 28 days prior to
the trial date to the Judge in Charge of the Common Law Division Serious
Injury List.
8. The parties are to cooperate in completing the interlocutory processes in
accordance with the Rules of the Court so that the action is brought to trial as
quickly as possible.
9. By 4:00 pm on
,
a. the plaintiff is to serve particulars of injury specifying the nature of the
injury claimed to constitute `serious injury` and, where relevant, the
nature of the impairment, loss of body function, mental or behavioural
disturbance or disorder.
b. the parties are to complete any exchange of further affidavits or
medical reports to be relied on at the hearing.
c. the parties are to exchange evidence establishing permanence of
impairment.
d. the parties are to exchange adequate material concerning loss of
earning capacity.
10. No later than 28 days prior to hearing, the parties are to:
a. complete any inspection and copying of documents subpoenaed
under Rule 42A;
b. serve any notices of intention to cross-examine witnesses;
c. complete any exchange of further affidavits or medical reports to be
relied on at the hearing.
11. No later than 21 days prior to hearing:
a. the plaintiff’s proposed Court Book Index is to be delivered to the
defendant’s solicitor;
b. the defendant’s solicitor may request delivery of any relevant taxation
returns of the plaintiff which have not yet been provided. Such taxation
returns to be provided within a further 7 days.
12. No later than 3 days prior to hearing, the parties are to exchange Court
Books, which are to be contained in lever arch folders.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 24
13. Court Books are not to contain:
a.
b.
c.
d.
e.
f.
more than one copy of a document;
taxation returns (but may contain a summary of them);
exhibit slips;
reasons for opinion given by a Medical Panel;
affidavits which merely exhibit documents (only the documents
themselves are to be included);
in the defendant’s case, any document already referred to in the
plaintiff’s Court Book Index.
14. Taxation returns not included in the Court Books must be available for
production to the Court if required.
15. Reserve liberty to the parties to apply to the Judge in Charge of the Common
Law Division Serious Injury List for further directions upon giving reasonable
notice to all other parties.
16. Costs reserved.
Common Law Division Serious Injury List s.134AB – Circuit
1. The proceeding is fixed for trial at
not before the circuit
commencement date of
, to be heard as a Serious Injury Application
(estimate
days).
OR
2. The proceeding will be set down for trial at
commencement date of 2016, to be heard as a
, not before the first circuit
(estimate
days).
3. By 12.10.2015, the parties will be advised by the Registrar at
date of the first circuit commencement date of 2016.
of the
4. The plaintiff is to pay the setting down for trial fee on or before
. In
default, the defendant may pay the fee within a further 21 days. If the fee is
not paid the trial date will be vacated.
OR
5. The setting down for trial fee has been paid in this proceeding.
6. Any application to vacate the trial date is to be made at least 28 days prior to
the trial date to the Judge in Charge of the Common Law Division Serious
Injury List.
7. The parties are to cooperate in completing the interlocutory processes in
accordance with the Rules of the Court so that the action is brought to trial as
quickly as possible.
8. By 4:00 pm on
,
Directions Group Orders 2015 / Version dated 31.07.2015
Page 25
a. the plaintiff is to serve particulars of injury specifying the nature of the
injury claimed to constitute `serious injury` and, where relevant, the
nature of the impairment, loss of body function, mental or behavioural
disturbance or disorder.
b. the parties are to complete any exchange of further affidavits or
medical reports to be relied on at the hearing.
c. the parties are to exchange evidence establishing permanence of
impairment.
d. the parties are to exchange adequate material concerning loss of
earning capacity.
9. No later than 28 days prior to hearing, the parties are to:
a. complete any inspection and copying of documents subpoenaed
under Rule 42A;
b. serve any notices of intention to cross-examine witnesses;
c. complete any exchange of further affidavits or medical reports to be
relied on at the hearing.
10. No later than 21 days prior to hearing:
a. the plaintiff’s proposed Court Book Index is to be delivered to the
defendant’s solicitor;
b. the defendant’s solicitor may request delivery of any relevant taxation
returns of the plaintiff which have not yet been provided. Such taxation
returns to be provided within a further 7 days.
11. No later than 3 days prior to hearing, the parties are to exchange Court
Books, which are to be contained in lever arch folders.
12. Court Books are not to contain:
a. more than one copy of a document;
b. taxation returns (but may contain a summary of them);
c. exhibit slips;
d. reasons for opinion given by a Medical Panel;
e. affidavits which merely exhibit documents (only the documents
themselves are to be included);
f. in the defendant’s case, any document already referred to in the
plaintiff’s Court Book Index.
13. Taxation returns not included in the Court Books must be available for
production to the Court if required.
14. Reserve liberty to the parties to apply to the Judge in Charge of the Common
Law Division Serious Injury List for further directions upon giving reasonable
notice to all other parties.
15. Costs reserved.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 26
S23 Limitation of Actions Act
Section 93 together with Section 23A
(The plaintiff has leave to amend his/her Originating Motion to include an application
under Section 23A of the Limitation of Actions Act 1958.)
1. The Plaintiff’s Application under Section 23A of the Limitations of Actions Act
1958 is listed on
(estimate
days) to be heard as a preliminary
issue on the same day as the Plaintiff’s Serious Injury Application pursuant to
Section 93 of the Transport Accident Act.
2. The proceeding is set down for hearing on
a Serious Injury Application.
(estimated
days) as
3. Any application to vacate the trial date is to be made at least 28 days prior to
the trial date to the Judge in Charge of the Common Law Division Serious
Injury List.
4. By
, the Plaintiff is to pay the setting down fee. In default, the Defendant
may pay the fee within a further 21 days. If the fee is not paid, the trial date
will be vacated.
OR
5. The setting down for trial fee has been paid in this proceeding.
6. By
the Plaintiff’s affidavits in support of the s 23A Limitation of Actions
Act application are to be filed and served.
7. By
the Defendant’s affidavits in opposition to the s 23A Limitation of
Actions Act application are to be filed and served.
8. By
the Plaintiff is to serve on the Defendant:
a. particulars of injury specifying subsection of the definition of serious
injury in s.93(17) of the Transport Accident Act 1986 relied upon in this
application, together with a summary of the precise loss of body
function, impairment, disturbance or disorder or condition which will be
alleged at trial to have resulted from such injury;
b. copies of group certificates and income tax returns together with
supporting documentation in his/her possession or power from 3 years
prior to the date of the incident causing injury, to date;
c. and serve and file all affidavits, including a sworn affidavit of the
Plaintiff, exhibiting medical or other material relied upon in support of
the application.
9. By
the Defendant or his/her solicitors are to file and serve all affidavits
exhibiting medical and other material upon which he/she intends to rely.
10. By
any subpoenas issued under Rule 42A are to be issued.
11. No later than 6 weeks prior to hearing, the parties are to complete any
exchange of further affidavits or medical reports to be relied on at the hearing
and the plaintiff is to serve on the defendant any additional income tax returns
together with supporting documentation.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 27
12. No later than 28 days prior to hearing, the parties are to complete any
inspection and copying of documents subpoenaed under Order 42A.
13. No later than 21 days prior to hearing, the parties are to serve any notices of
intention to cross-examine witnesses.
14. Where the parties elect to prepare separate Court Books, these are to be
exchanged 7 days prior to hearing and filed at the commencement of the
hearing.
15. Where the parties agree that a joint Court Book is to be prepared, it is to be
filed at the commencement of the hearing.
16. Generally, Court Books are not to contain:
a. more than one copy of a document;
b. taxation returns (but may contain a summary of them);
c. exhibit slips;
d. affidavits which merely exhibit documents (only the documents
themselves are to be included);
e. in the defendant’s case, any document already provided in the
plaintiff’s Court Book.
17. Taxation returns not included in the Court Books must be available for
production to the Court if required.
18. Liberty to apply to the Judge in Charge of the Common Law Division Serious
Injury List for further directions upon reasonable notice to all other parties.
19. Costs reserved.
Section 23A Limitations of Actions Act – Melbourne
1. The Plaintiff’s application under Section 23A of the Limitations of Actions Act
1958 is listed on
as a Cause (estimate
days.)
2. By
, the Plaintiff is to pay the setting down fee. In default, the Defendant
may pay the fee within a further 21 days. If the fee is not paid, the trial date
will be vacated.
3. By
the Plaintiff’s affidavits in support of the application are to be filed
and served.
4. By
the Defendant’s affidavits in opposition are to be filed and served.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 28
Common Law Division Medical List
Where the parties require an Order which fixes an initial Timetable which is to take
effect in accordance with paragraph 25 of the Medical List Practice Note No PNCLML 1-2015, the proposed consent Orders filed by the parties must be headed: “Initial
Timetable Order which takes effect THREE DAYS after Filing”.
Medical List – Melbourne
In complying with these Orders, the conduct of the parties is governed by the
provisions of the Medical List Practice Note No PNCL-ML 1-2015.
1. The proceeding is set down for trial on
days).
as a (Cause/Jury) (estimate
OR
2. The trial listed for
is vacated and the proceeding is refixed for trial on
as a Cause/Jury (estimate
days).
3. The plaintiff is to pay the setting down for trial fee on or before
. In
default, the defendant may pay the fee within a further 21 days. If the fee is
not paid the trial date will be vacated.
OR
4. The setting down for trial fee has been paid in this proceeding.
5. Any application to vacate the trial date is to be made at least 28 prior to the
trial date to the Judge in charge of the Medical List or, if the List Judge is
unavailable, to the Judge in charge of the Common Law Division.
6. (If jury) By 4:00 pm on
the
is to pay the jury fee.
OR
7. The first day’s jury fee is to stand in this proceeding.
8. The parties are to cooperate in completing the interlocutory processes in
accordance with the Rules of the Court so that the action is brought to trial as
quickly as possible.
9. The parties are granted leave to serve any Notice for Discovery on each other
by
.
10. By 4:00 pm on
the party served with a Notice for Discovery must make
discovery (including full inspection) of the following documents:
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 29
11. The parties have leave to serve Interrogatories for the examination of each
other by
.
12. By 4:00 pm on
:
a. the parties are to exchange any medical and/or expert reports
concerning damages and liability;
b. the plaintiff is to serve particulars of special damage, loss of earnings
and loss of earning capacity along with supporting documentation
13. By
, the parties are to mediate the dispute. Those persons with the
authority to settle the proceeding and the terms of the settlement together
with the lawyers who have the ultimate responsibility to advise the parties in
respect of the proceeding and its settlement shall attend the Mediation.
14. Should the matter fail to settle at Mediation the matter is to be the subject of a
directions hearing on
(within twenty-one (21) days of the Mediation
date).
15. Should the matter settle at Mediation, the parties must file Notice with the
Court within fourteen (14) days, in the form of the Standard Order set out in
Schedule 3 of the Medical List Practice Note No PNCL-ML 1-2015.
16. Any subpoena under Order 42A is to be issued by
.
17. Should the parties wish to exchange further medical and/or expert reports
concerning damages or liability after the Mediation, such reports along with
supporting documentation are to be exchanged:
a. in accordance with paragraphs 73 – 74 of the Medical List Practice
Note PNCL-ML 1-2015; and
b. no later than 28 days before the trial date.
18. No later than 28 days before the trial date the plaintiff is to serve any final
particulars of special damages, loss of earnings and loss of earning capacity.
19. Court Books must be prepared by the parties (either jointly or separately),
served 7 days prior to trial, and filed at the commencement of the trial with the
Judge’s Associate.
20. Liberty to apply to the Judge in charge of the Medical List for further directions
upon reasonable notice to all other parties.
21. Costs reserved.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 30
Medical List Circuit
In complying with these Orders, the conduct of the parties is governed by the
provisions of the Medical List Practice Note No PNCL-ML 1-2015.
1. The proceeding is set down for trial at
not before the circuit
commencement date of
, to be heard as a (Cause/Jury) (estimate
days).
OR
2. The proceeding will be set down for trial at
commencement date of 2016, to be heard as a
, not before the first circuit
(estimate
days).
3. By 12.10.2015, the parties will be advised by the Registrar at
date of the first circuit commencement date of 2016.
of the
4. The plaintiff is to pay the setting down for trial fee on or before
. In
default, the defendant may pay the fee within a further 21 days. If the fee is
not paid the trial date will be vacated.
OR
5. The setting down for trial fee has been paid in this proceeding.
6. Any application to vacate the trial date is to be made at least 28 prior to the
trial date to the Judge in charge of the Medical List or, if the List Judge is
unavailable, to the Judge in charge of the Common Law Division.
7. (If jury) By 4:00 pm on
the
is to pay the jury fee.
OR
8. The first day’s jury fee is to stand in this proceeding.
9. The parties are to cooperate in completing the interlocutory processes in
accordance with the Rules of the Court so that the action is brought to trial as
quickly as possible.
10. The parties are granted leave to serve any Notice for Discovery on each other
by
.
11. By 4:00 pm on
the party served with a Notice for Discovery must make
discovery (including full inspection) of the following documents:
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.
12. The parties have leave to serve Interrogatories for the examination of each
other by
.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 31
13. By 4:00 pm on
:
a. the parties are to exchange any medical and/or expert reports
concerning damages and liability;
b. the plaintiff is to serve particulars of special damage, loss of earnings
and loss of earning capacity along with supporting documentation
14. By
, the parties are to mediate the dispute. Those persons with the
authority to settle the proceeding and the terms of the settlement together
with the lawyers who have the ultimate responsibility to advise the parties in
respect of the proceeding and its settlement shall attend the Mediation.
15. Should the matter fail to settle at Mediation the matter is to be the subject of a
directions hearing on
(within twenty-one (21) days of the Mediation
date).
16. Should the matter settle at Mediation, the parties must file Notice with the
Court within fourteen (14) days, in the form of the Standard Order set out in
Schedule 3 of the Medical List Practice Note No PNCL-ML 1-2015.
17. Any subpoena under Order 42A is to be issued by
.
18. Should the parties wish to exchange further medical and/or expert reports
concerning damages or liability after the Mediation, such reports along with
supporting documentation are to be exchanged:
a. in accordance with paragraphs 73 – 74 of the Medical List Practice
Note PNCL-ML 1-2015; and
b. no later than 28 days before the trial date.
19. No later than 28 days before the trial date the plaintiff is to serve any final
particulars of special damages, loss of earnings and loss of earning capacity.
20. Court Books must be prepared by the parties (either jointly or separately),
served 7 days prior to trial, and filed at the commencement of the trial with the
Judge’s Associate.
21. Liberty to apply to the Judge in charge of the Medical List for further directions
upon reasonable notice to all other parties.
22. Costs reserved
Directions Group Orders 2015 / Version dated 31.07.2015
Page 32
Application seeking an extension of time within which to commence a
proceeding (where a defence raises the Limitations of Actions Act 1958)
1. By 4.00 pm on
any Summons by the plaintiff for an extension of time
within which to commence a proceeding (the application), pursuant to the
Limitation of Actions Act 1958 be issued.
2. That the limitation issue raised by the Defence of the defendant(s) (the issue)
be tried by a Judge sitting alone on
with a trial estimate of
days.
3. By 4.00 pm on
any affidavit by or on behalf of the plaintiff be sworn,
filed and served on the defendant(s).
4. By 4.00 pm on
any affidavit by or on behalf of the defendant(s) be
sworn, filed and served on the plaintiff.
5. By 4.00 pm on
any further affidavit by or on behalf of any party be
sworn, filed and served on all other parties.
6. Subject to any Order of the Trial Judge, the trial of the application/issue be by
affidavit.
7. Any party intending to cross examine the deponent of any opposing affidavit
shall give notice in writing of such intention to the solicitor for the party on
whose behalf the affidavit was filed not less than ten (10) clear days of the
date of the hearing of the application.
8. Liberty to apply to the Judge in charge of the Medical List for further directions
upon reasonable notice to all other parties.
Mediation Result Order
1. This matter was mediated by (Mediator) on (date) and was settled as the
result of the Mediation.
2. The Directions Hearing of (date of post-mediation Directions Hearing) is:
 *no longer required and should be vacated; or
 *to be vacated and re-fixed for an Administrative Mention on (date) to
allow time for the parties to finalise Orders dismissing the proceeding.
*Strikethrough as appropriate
Directions Group Orders 2015 / Version dated 31.07.2015
Page 33
Common Law Division Family Property List
Testator Family Maintenance Listing a Judicial Settlement Conference
1
By
, the plaintiff must serve:
(a)
the Originating Motion, and
(b)
a copy of the text of this Order (including the Schedule)
by pre-paid post on the beneficiaries named in the Will of the deceased
whose interests may be affected by the orders sought by the plaintiff.
2
A Judicial settlement conference will be held on
at
before a judge. The conference will be held in open court although the
parties may retire for private discussion during the conference. The plaintiff
and the defendant must attend the conference. The purpose of the
conference is to try and settle the dispute or, alternatively, to make orders
setting the proceeding down for trial and determining the appropriate further
interlocutory steps.
3
By 4.00pm on
, the parties must file and exchange position
statements on which the parties intend to rely, setting out in brief summary
the matters set out in paragraphs 47 – 52 of Practice Note PNCLD 2-2015 –
Common Law Division – Family Property List.
4
Any position statement on which a party intends to rely is to be filed
and served on any beneficiary named in the Will of the deceased, by 4.00pm
on
.
5
Each of the beneficiaries named in the Will is permitted, but is not
required, to:
(a)
attend the judicial settlement conference; and
(b)
file and exchange a position statement by 4.00pm on
.
6
The parties shall co-operate in completing the interlocutory processes
so that the action is brought to trial as quickly as possible.
7
The parties must notify the Court in writing if the action settles. Such
notification to occur as soon as possible after settlement.
8
The proceeding is listed for a subsequent Administrative Mention on
, by which time the parties are to advise the Court in writing whether
they are ready to proceed and, if so, whether any orders are sought by
consent on the papers for the listing of the proceeding for trial.
9
Failure to comply with the administrative mention by the date specified
may result in the proceeding being struck out without further notice.
10
Reserve liberty to the parties to apply to the Judge in charge of the
Common Law Division, Family Property List for further directions upon giving
reasonable notice to all other parties.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 34
11
Reserve costs.
___________
Judge
SCHEDULE
Dear ...
Estate of ............., deceased
Proceeding No. CI- ..-........ in the County Court of Victoria
We have been authorised by the Court to notify you that a proceeding has been
commenced by Mr/Ms ............, who is the ....... son/daughter of the deceased, by
which he/she is seeking provision out of the deceased’s estate. The proceeding is
brought pursuant to Part IV of the Administration and Probate Act 1958. We are
Mr/Ms ………’ solicitors.
The proceeding was commenced against Mr/Ms …….., who is an executor named in
the deceased’s Will and to whom probate of the Will has been granted by the
Supreme Court of Victoria.
If the Court accepts the plaintiff’s claim, the effect might be to reduce or extinguish
your entitlement as a beneficiary under the deceased’s Will. To protect your
interests, the Court ordered that you have leave to apply to be added as a defendant
to the proceeding. Any such application must be made on reasonable notice to the
Court and the parties to the proceeding.
A copy of the Court’s Order made on ...... and other relevant documents are
attached for your information. Court orders can be viewed online at the County Court
website, via ‘Court Connect’.
Copies of any of the documents referred to in the Order including the plaintiff’s
affidavit and the deceased’s Will may be inspected by arrangement with the writer. If
you wish to take advantage of your opportunity to apply to be added as a defendant
to the proceeding, it is suggested that you seek advice from a solicitor as soon as
possible and show this letter and the enclosed documents to the solicitor.
The Court has authorised us to inform you that although legal costs incurred by a
party to a proceeding of this type are usually allowed by the Court out of deceased’s
estate, it is unlikely that more than one set of legal costs of separately represented
parties with the same or a similar interest will be allowed.
Yours faithfully
Directions Group Orders 2015 / Version dated 31.07.2015
Page 35
Testator Family Maintenance Setting Down for Trial After Judicial
Settlement Conference
1
OR
2
The proceeding is set down for trial on
sitting alone (estimate
sitting days).
as a cause before a judge
The proceeding is fixed for trial at
not before the circuit
commencement date of
, to be heard as a cause (estimate
days).
3
The setting down for Trial fee must be paid by the plaintiff by
. In
default, the defendant may pay the fee within 21 days. Otherwise the
hearing date will be vacated.
4
Any application to vacate the trial date must be made to the Judge in Charge
of the Common Law Division, Family Property List at least 30 days before
the trial date.
5
By
6
Court Books must be prepared by the parties (either jointly or separately),
served 7 days prior to trial, and filed at the commencement of the trial with
the Judge’s Associate.
7
Reserve liberty to apply to the Judge in charge of the Family Property List for
further directions upon reasonable notice to all other parties.
8
Reserve costs.
, each party must issue any subpoenas under Order 42A.
_________________
Judge
Directions Group Orders 2015 / Version dated 31.07.2015
Page 36
Testator Family Maintenance Listing Private Mediation and Trial
1
The proceeding is set down for trial on
judge sitting alone (estimate
days).
as a cause before a
2
The plaintiff must pay the setting down for trial fee on or before
. In
default, the defendant may pay the fee within a further 21 days. If the fee is
not paid, the trial date is vacated.
3
Any application to vacate the trial date is to be made at least 28 days prior to
the trial date.
4
By
, the plaintiff must serve copies of:
(a)
the Originating Motion; and
(b)
this Order including the Schedule thereto
by pre-paid post on the beneficiaries named in the Will of the deceased
whose interests may be affected by the orders sought by the plaintiff,
namely:
(a)
(b)
(c)
5
The parties shall cooperate in completing the interlocutory processes so that
the proceeding is brought to trial as quickly as possible.
6
By 4:00pm on
, any affidavit on which the plaintiff intends to rely is to be
filed and served on the defendant/s, including any beneficiary joined as a
defendant.
7
By 4:00pm on
, any defendant must file and serve any affidavit upon
which they intend to rely on all other parties. Any affidavit by the defendantexecutor should address the financial position of the estate and such other
information in light of the allegations made by the plaintiff in his/her affidavit
and must be updated not less than 10 days before the trial.
8
By 4:00pm on
, any further affidavit on which the plaintiff intends to rely
in reply is to be filed and served on the defendant.
9
By
, the parties must have otherwise completed the mediation of the
dispute, and must comply with procedures referred to in paragraph 53 of
Practice Note PNCLD 2-2015 - Common Law Division – Family Property
List.
10
The parties must notify the Court in writing if the proceeding settles. Such
notification to occur as soon as possible after settlement.
11
Reserve liberty to apply to the Judge in charge of the Family Property List for
further directions upon reasonable notice to all other parties.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 37
12
Reserve costs.
______________
Judge
SCHEDULE
Dear....
Estate of ............., deceased
Proceeding No. CI- ..-........ in the County Court of Victoria
We have been authorised by the Court to notify you that a proceeding has been
commenced by Mr/Ms ............, who is the .......son/daughter of the deceased, by
which he/she is seeking provision out of the deceased’s estate. The proceeding is
brought pursuant to Part IV of the Administration and Probate Act 1958. We are
Mr/Ms …….’ solicitors.
The proceeding was commenced against Mr/Ms ……., who is an executor named in
the deceased’s Will and to whom probate of the Will has been granted by the
Supreme Court of Victoria.
If the Court accepts the plaintiff’s claim, the effect might be to reduce or extinguish
your entitlement as a beneficiary under the deceased’s Will. To protect your
interests, the Court ordered that you have leave to apply to be added as a defendant
to the proceeding. Any such application must be made on reasonable notice to the
Court and the parties to the proceeding.
A copy of the Court’s Order made on ...... and other relevant documents are
attached for your information. Court orders can be viewed online at the County Court
website, via ‘Court Connect’.
Copies of any of the documents referred to in the Order including the plaintiff’s
affidavit and the deceased’s Will may be inspected by arrangement with the writer. If
you wish to take advantage of your opportunity to apply to be added as a defendant
to the proceeding, it is suggested that you seek advice from a solicitor as soon as
possible and show this letter and the enclosed documents to the solicitor.
The Court has authorised us to inform you that although legal costs incurred by a
party to a proceeding of this type are usually allowed by the Court out of deceased’s
estate, it is unlikely that more than one set of legal costs of separately represented
parties with the same or a similar interest will be allowed.
Yours faithfully
Directions Group Orders 2015 / Version dated 31.07.2015
Page 38
Domestic Partnership Dispute Writ Mediation
1. The proceeding is set down for trial on
sitting alone (estimate
sitting days).
as a Cause before a judge
OR
2. The trial listed for
is vacated and the proceeding is refixed for trial on
as a Cause (estimate
days).
OR
3. The proceeding is fixed for trial at
not before the circuit
commencement date of
, to be heard as a Cause (estimate
days).
4. The setting down for Trial fee must be paid by the plaintiff by
. In
default the defendant may pay the fee within 21 days. Otherwise the hearing
date will be vacated.
OR
5. The setting down for trial fee has been paid in this proceeding.
6. Any application to vacate the trial date must be made to the Judge in Charge
of the Common Law Division Family Property List at least 30 days before the
trial date.
7. The parties shall cooperate in completing the interlocutory processes so that
the action is brought to trial as quickly as possible.
8. By 4:00pm on
, the defendant is to file and serve a defence.
9. By 4:00pm on
, the parties must deliver any request for further and
better particulars of a pleading. Any request must be answered within 30
days.
10. By 4:00pm on
, each party must make discovery (including full
inspection) of the following documents:
a. each document referred to in the party's pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party's case;
d. any document or class of documents which any other party
reasonably requests the party to discover.
11. All other interlocutory processes will be conducted in accordance with the
Rules of Court.
12. By 4:00pm on
, all parties are to file and serve all expert reports as to
damages and liability upon which they intend to rely together with all
supporting documentation.
13. By
, the parties must have completed the mediation of the dispute.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 39
14. The parties must notify the Court in writing if the action settles, such
notification to occur as soon as possible after settlement.
15. By
, each party must have issued any subpoenas under Order 42A.
16. Court Books must be prepared by the Parties, (either jointly or separately)
and filed with the Court at the commencement of the hearing.
17. Reserve liberty to the parties to apply to the Judge in charge of the Common
Law Division Family Property List for further directions upon giving
reasonable notice to all other parties.
18. Reserve costs.
Domestic Partnership Dispute Writ Judicial Settlement Conference
1. The proceeding is set down for trial on
sitting alone (estimate
sitting days).
as a Cause before a judge
OR
2. The trial listed for
as a
(estimate
is vacated and the proceeding is refixed for trial on
days).
OR
3. The proceeding is fixed for trial at
not before the circuit
commencement date of
, to be heard as a Cause (estimate
days).
4. The setting down for Trial fee must be paid by the plaintiff by
. In default
the defendant may pay the fee within 21 days. Otherwise the hearing date will
be vacated.
OR
5. The setting down for trial fee has been paid in this proceeding.
6. Any application to vacate the trial date must be made to the Judge in Charge
of the Common Law Division Family Property List at least 30 days before the
trial date.
7. The parties shall cooperate in completing the interlocutory processes so that
the action is brought to trial as quickly as possible.
8. A Judicial Settlement Conference will be held on
at
before a
Judge. The Conference will be held in open court although the parties may
retire for private discussion during the Conference. The Plaintiff and the
Defendant must attend the Conference. The purpose of the Conference is to
try and settle the dispute or alternatively to make orders setting the
proceeding down for trial and determining the appropriate further interlocutory
steps.
9. By 4:00pm on
, the defendant is to file and serve a defence.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 40
10. By 4:00pm on
, the parties must deliver any request for further and
better particulars of a pleading. Any request must be answered within 30
days.
11. By 4:00pm on
, each party must make discovery (including full
inspection) of the following documents:
a. each document referred to in the party's pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party's case;
d. any document or class of documents which any other party
reasonably requests the party to discover.
12. All other interlocutory processes will be conducted in accordance with the
Rules of Court.
13. By 4:00pm on
, all parties are to file and serve all expert reports as to
damages and liability upon which they intend to rely together with all
supporting documentation.
14. The parties must notify the Court in writing if the action settles, such
notification to occur as soon as possible after settlement.
15. By
, each party must have issued any subpoenas under Order 42A.
16. Court Books must be prepared by the Parties, (either jointly or separately)
and filed with the Court at the commencement of the hearing.
17. Reserve liberty to the parties to apply to the Judge in charge of the Family
Property List for further directions upon giving reasonable notice to all other
parties.
18. Reserve costs.
Domestic Partnership Dispute OM Judicial Settlement Conference
1. The proceeding is set down for trial on
sitting alone (estimate
sitting days).
as a Cause before a judge
OR
2. The proceeding is fixed for trial at
not before the circuit
commencement date of
, to be heard as a Cause (estimate
days).
3. The setting down for Trial fee must be paid by the plaintiff by
. In default
the defendant may pay the fee within 21 days. Otherwise the hearing date will
be vacated.
OR
Directions Group Orders 2015 / Version dated 31.07.2015
Page 41
4. The setting down for trial fee has been paid in this proceeding.
5. Any application to vacate the trial date must be made to the Judge in Charge
of the Common Law Division Family Property List at least 30 days before the
trial date.
6. A Judicial Settlement Conference will be held on
at
before a
Judge. The Conference will be held in open court although the parties may
retire for private discussion during the Conference. The Plaintiff and the
Defendant must attend the Conference. The purpose of the Conference is to
try and settle the dispute or alternatively to make orders setting the
proceeding down for trial and determining the appropriate further interlocutory
steps.
7. The parties shall cooperate in completing the interlocutory processes so that
the action is brought to trial as quickly as possible.
8. By 4:00pm on
any affidavit on which the plaintiff intends to rely is to be
filed and served on the defendant.
9. By 4:00pm on
any affidavit on which the defendant/s intend/s to rely is
to be filed and served on the plaintiff.
10. By 4:00pm on
any further affidavit on which the plaintiff intends to rely
in reply is to be filed and served on the defendant/s.
11. All other interlocutory processes will be conducted in accordance with the
Rules of Court.
12. The parties must notify the Court in writing if the action settles, such
notification to occur as soon as possible after settlement.
13. By
, each party must have issued any subpoenas under Order 42A.
14. Court Books must be prepared by the Parties, (either jointly or separately)
and filed with the Court at the commencement of the hearing.
15. Reserve liberty to the parties to apply to the Judge in charge of the Common
Law Division Family Property List for further directions upon giving
reasonable notice to all other parties.
16. Reserve costs.
Domestic Partnership Dispute OM Mediation
1. The proceeding is set down for trial on
sitting alone (estimate
sitting days).
as a Cause before a judge
OR
2. The proceeding is fixed for trial at
not before the circuit
commencement date of
, to be heard as a Cause (estimate
days).
Directions Group Orders 2015 / Version dated 31.07.2015
Page 42
3. The setting down for Trial fee must be paid by the plaintiff by
. In default
the defendant may pay the fee within 21 days. Otherwise the hearing date will
be vacated.
OR
4. The setting down for trial fee has been paid in this proceeding.
5. Any application to vacate the trial date must be made to the Judge in Charge
of the Common Law Division Family Property List at least 30 days before the
trial date.
6. The parties shall cooperate in completing the interlocutory processes so that
the action is brought to trial as quickly as possible.
7. By 4:00pm on
any affidavit on which the plaintiff intends to rely is to be
filed and served on the defendant.
8. By 4:00pm on
any affidavit on which the defendant/s intend/s to rely is
to be filed and served on the plaintiff.
9. By 4:00pm on
any further affidavit on which the plaintiff intends to rely
in reply is to be filed and served on the defendant.
10. All other interlocutory processes will be conducted in accordance with the
Rules of Court.
11. By
, the parties must have completed the mediation of the dispute.
12. The parties must notify the Court in writing if the action settles, such
notification to occur as soon as possible after settlement.
13. By
, each party must have issued any subpoenas under Order 42A.
14. Court Books must be prepared by the Parties, (either jointly or separately)
and filed with the Court at the commencement of the hearing.
15. Reserve liberty to the parties to apply to the Judge in charge of the Common
Law Division Family Property List for further directions upon giving
reasonable notice to all other parties.
16. Reserve costs.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 43
Template orders various
Subsequent Administrative Mention (SAM)
1. The proceeding is listed for a subsequent Administrative Mention on
,
by which time the parties are to advise the Court in writing whether they are
ready to proceed and if so whether any orders are sought by consent on the
papers for the listing of the proceeding for trial.
2. Failure to comply with paragraph 1 of this order by
proceeding being struck out without further notice.
may result in the
3. Reserve liberty to the parties to apply to the Judge in charge of the
for further directions upon giving reasonable notice to all other parties.
List
4. Reserve costs.
OR
5. No Order as to costs.
Pleadings
Addition of Defendant/s
1. The Plaintiff has leave to amend Writ and Statement of Claim by adding
as
Defendant/s to this proceeding.
2. By
the Plaintiff is to file and serve amended Writ and Statement of
Claim, together with a copy of this order on all other parties to this
proceeding.
Substitution of Parties
1. The Plaintiff has leave to amend the Writ and Statement of Claim by
substituting
for
as
to this proceeding.
2. By
the Plaintiff is to file and serve amended Writ and Statement of
Claim, together with a copy of this order on all other parties to this
proceeding.
3. As of the date of this Order,
ceases to be a party to this proceeding.
Amend Description of Defendant
1. The Plaintiff has leave to amend the description of the
to
.
2. By
Claim.
defendant from
the Plaintiff is to file and serve an Amended Writ and Statement of
Directions Group Orders 2015 / Version dated 31.07.2015
Page 44
3. From the date of this order
ceases to be a party to these proceedings
Joinder of Third Party
1. The
defendant has leave to join
proceeding.
as a Third Party to this
2. By
, the
defendant is to file and serve third party notice/s
together with a copy of this Order on
.
Application to join another party
1. By
, any application by
to join
as
is to be made by
to the Judge in Charge of the
to this proceeding
List.
Amend the Writ and Statement of Claim
1. By
, the Plaintiff is to file and serve an amended Writ and Statement of
Claim, together with a copy of this order on all other parties to this
proceeding.
Amend the Statement of Claim
1. By
, the Plaintiff is to file and serve an amended Statement of Claim in
the form attached to minutes of consent dated
, together with a copy of
this order on all other parties to this proceeding.
2. By
the Defendant is to file and serve a Defence to the amended
Statement of Claim.
Defence
1. By
, the Defendant is to file and serve a Defence.
Defence and Counterclaim
1. By
, the Defendant is to file and serve a Defence and any
Counterclaim.
Defence to Counterclaim
1. By
, the Plaintiff is to file and serve a Defence to Counterclaim.
Reply
1. By
the Plaintiff is to file and serve a Reply.
Reply and Defence to Counterclaim
1. By
the Plaintiff is to file and serve a Reply and Defence to
Counterclaim.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 45
Further and Better Particulars
Further and better
1. By 4:00pm on
, the parties must deliver any request for further and
better particulars of a pleading. Any request must be answered within 30
days.
Discovery
Make Discovery
1. By 4:00pm on
, each party must make discovery (including full
inspection) of the following documents:
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.
Discovery – General
1. By
other.
the parties have leave to serve any Notice for Discovery on each
2. By
the party served with a Notice for Discovery must make discovery
(including full inspection) of the following documents:
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.
Interrogatories
General Order for all parties
1. By
the parties have leave to serve Interrogatories for the examination
of each other.
Answers to Interrogatories
1. By
the parties are to serve Answers to Interrogatories.
Mediation
Mediation Order
1. By
, the parties are to mediate the dispute.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 46
Mediation Order including ‘those with ultimate responsibility’ to attend
1. By
, the parties are to mediate the dispute.
2. The persons who have the ultimate responsibility and authority for deciding
whether to settle the dispute and the terms of any settlement and the lawyers
who have the ultimate responsibility to advise the parties in relation to the
dispute and its settlement must attend the Mediation.
3. The Plaintiff is to notify the Court in writing if the proceeding settles at or after
mediation, such notification to occur as soon as possible after settlement.
Long Mediation Order 1
1. The proceedings are referred to a mediator to be appointed by agreement
between the parties and failing such agreement, to a mediator appointed by
the Court.
2. The mediation is to be held at a time and place agreed by the parties and no
later than
.
3. The mediation is to be attended by the parties and a duly authorised
representative of the parties (or their insurer). The representative must have
the necessary authority to make all decisions relevant to the conduct of the
proceedings including the authority to settle the proceedings.
4. The mediator must, before proceeding, inform all parties of the amount of the
fees to be charged in respect of the mediation. Such fees, as agreed, shall
be paid equally by the parties and the mediator may decline to proceed until
the whole of the fees are paid.
5. Subject to the direction of the Trial Judge, in the event that the mediation fails
to settle the dispute, the costs of the mediation shall be costs in the cause.
6. The plaintiff is to notify the Court in writing if the proceeding settles at or after
mediation, such notification to occur as soon as possible after settlement.
Long Mediation Order 2 Lawyers take all necessary steps to ensure that
the mediation commences on the date and time
1. The proceedings are referred to a mediator to be appointed by agreement
between the parties and failing such agreement, to a mediator appointed by
the Court.
2. The mediation is to be held at a time and place agreed by the parties and no
later than
.
3. The lawyers for the plaintiff will take all necessary steps to ensure that the
mediation commences on the date and time appointed and deliver a copy of
all pleadings to the mediator.
4. The lawyers for the defendants will take all necessary steps to ensure that the
mediation commence on the date specified.
Directions Group Orders 2015 / Version dated 31.07.2015
Page 47
5. The mediation is to be attended by the parties and a duly authorised
representative of the parties (or their insurer). The representative must have
the necessary authority to make all decisions relevant to the conduct of the
proceedings including the authority to settle the proceedings.
6. The mediator must, before proceeding, inform all parties of the amount of the
fees to be charged in respect of the mediation. Such fees, as agreed, shall
be paid equally by the parties and the mediator may decline to proceed until
the whole of the fees are paid.
7. Subject to the direction of the Trial Judge, in the event that the mediation fails
to settle the dispute, the costs of the mediation shall be costs in the cause.
8. The plaintiff is to notify the Court in writing if the proceeding settles at or after
mediation, such notification to occur as soon as possible after settlement.
Trial dates
List a Trial Date - Melbourne
1. The proceeding is set down for trial on
days).
as a
(estimate
List a Trial Date – Circuit
1. The proceeding is to be fixed for trial at
not before the circuit
commencement date of
, to be heard as a
(estimate
days).
First Circuit next year
1. The proceeding will be set down for trial at
commencement date of 2013, to be heard as a
, not before the first circuit
(estimate
days).
2. By 01.10.2015, the parties will be advised by the Registrar at
date of the first circuit commencement date of 2016.
of the
Reinstate a Trial Date
1. The trial date for this proceeding is reinstated on
days).
as a
(estimate
Confirm a Trial Date
1. The trial listed for
is confirmed.
Vacate a Trial Date – Melbourne
1. The trial listed for hearing on
is vacated.
Vacate a Trial Date – Circuit
1. The trial listed at
is vacated.
not before the circuit commencement date of
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Vacate a Trial Date & Refix - Melbourne
1. The trial listed for
is vacated and the proceeding is refixed for trial on
as a
(estimate
day/s).
Vacate a Trial Date & Refix – Circuit
1. The trial listed at
not before the circuit commencement date of
is vacated and refixed for trial not before the circuit commencement date of
as a
(estimate
days).
Reinstate Proceeding
1. The trial date for this proceeding is reinstated on
days)
as a
2. The Order of His/Her Honour Judge
confirmed.
is otherwise
dated
(estimate
Directions Hearings
Vacation of Directions Hearings
Note: where a matter is listed for a Directions Hearing and parties resolve the issue
in dispute, consent orders must include an order to vacate the Directions Hearing.
1. The Directions Hearing listed for
at
a.m. is vacated.
OR
2.
The Directions Hearing listed for
Directions Hearing on
at
at
a.m.
a.m. is vacated and refixed for
Vacating Directions Hearing for non-payment of Trial Fee
1. The Directions Hearing listed for
is vacated.
2. The trial date for this proceeding is reinstated on
days).
as a
(estimate
3. The time for the plaintiff to pay the setting down for trial fee is extended to
.
Payment of Fees
Setting down for trial fee - payment
1. By
the Plaintiff is to pay the setting down for trial fee. In default, the
Defendant may pay the fee within a further 21 days. If the fee is not paid, the
trial date will be vacated.
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Setting down for trial fee – to stand
1. The setting down for trial fee has been paid in this proceeding.
Jury Fee – payment
1. By
the Plaintiff is to pay the setting down for trial fee. In default, the
Defendant may pay the fee within a further 21 days. If the fee is not paid the
trial date will be vacated.
Jury Fee – to stand
1. The first day’s jury fee is to stand as paid in this proceeding.
Miscellaneous Orders
Extension of time
1. The time for the
to
is extended to
.
Transfer between lists
1. The proceeding is transferred to the
Division of the
List.
Proceedings to be listed together
1. The trial of this proceeding is to be listed together with proceeding number
subject to any Order to the contrary by the Trial Judge.
Consolidation order example
Proceeding A
1. This proceeding is consolidated with proceeding No. CI-BB-BBBBB.
2. The pleadings/documents served in proceeding no CI- CI-BB-BBBBB stand
as the pleadings/documents filed and served in proceeding no CI-AA-AAAAA.
3. The parties in proceeding no CI-BB-BBBBB stand as parties in proceeding no
CI- AA-AAAAA.
Proceeding B
1. This proceeding is consolidated with proceeding No. CI-AA-AAAAA.
2. This proceeding is otherwise struck out.
S138 recovery proceedings – optional orders
1. The evidence in CI-
be used as evidence in this proceeding.
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2. The parties have leave to rely upon the discovery and interrogatories and the
answers thereto in CI.
Service of Order on another party
1. By
the
is to serve a copy of this order on
.
Service of Order on another party by post
1. The
by
is to serve a copy of this order by pre-paid post on
at
.
Litigation Guardian
Appointing Litigation Guardian
1.
is appointed as Litigation Guardian of the Plaintiff
person under disability.
who is a
2. The Plaintiff is to amend the Originating Motion /Writ and Statement of Claim
by amending the description of the Plaintiff/Defendant from
to
(a
person under disability who sues by his Litigation Guardian) by
(date).
Removal of Litigation Guardian
1. The Plaintiff has leave to remove [name of Litigation Guardian] as Litigation
Guardian of [name of person under Litigation Guardianship] in this proceeding.
2. The Plaintiff has leave to amend the Writ and Statement of Claim by removing
[name of Litigation Guardian] as Litigation Guardian of [name of person under
Litigation Guardianship].
3. By
the Plaintiff is to file and serve the Amended Statement of Claim and
Amended Writ, together with a copy of this order, on all other parties to this
proceeding.
4. No order as to costs.
Finalisation of Proceedings
Struck out
1. The proceeding is struck out.
Struck out with right of reinstatement
1. The proceeding is struck out with a right of reinstatement.
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Struck out with specific right of reinstatement
1. The proceeding is struck out with a right of reinstatement to the
.
Dismissed
The proceeding is dismissed.
Dismissing proceeding where listed for Trial
1.
The matter listed for hearing on xxxxx is vacated
2.
The proceeding is otherwise dismissed
3.
[Costs order as appropriate]
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