table of contents - Northern Territory Government
advertisement
TABLE OF CONTENTS Page No Supreme Court of the Northern Territory Chief Justice.................................................................................. 1 Judges .......................................................................................... 1 Darwin Chambers, Associates & Secretaries ................................ 1 Alice Springs Chambers ................................................................ 2 Master 's Chambers ...................................................................... 3 Registrar’s Chambers ................................................................... 3 Registry-Darwin............................................................................. 3 Library-Darwin ............................................................................... 4 Registry-Alice Springs ................................................................... 4 Library-Alice Springs ..................................................................... 4 Sheriff of the Northern Territory-Darwin & Alice Springs ............... 5 Admiralty-Darwin ........................................................................... 6 Court Security - Darwin ................................................................. 6 Office of Courts Administration-Administration Unit-Darwin .......... 6 Court Reporting Services- Darwin & Alice Springs........................ 7 Sittings for 2001 – Darwin ............................................................ 8 Circuit Sittings for 2001 - Alice Springs ......................................... 9 Circuit Sittings for 2001 - Katherine.............................................. 9 Index to Practice Directions and Memoranda................................ 9 Guidelines for Taxation ............................................................... 49 Costs – solicitors ......................................................................... 56 Interest rate ................................................................................. 63 Guidelines and costs – barristers ................................................ 64 Supreme Court Fees………………………… ............................... 70 Guidelines for Admission ............................................................ 72 Guidelines – Warrants of Execution ............................................ 88 Magistrates Courts – Northern Territory Chief Magistrate .......................................................................... 91 Stipendiary Magistrates-Darwin .................................................. 91 Darwin Registry & circuit courts .................................................. 91 Deputy Chief Magistrate .............................................................. 93 Stipendiary Magistrate-Alice Springs .......................................... 93 Alice Springs Registry & circuit courts ......................................... 93 Stipendiary Magistrate, Katherine ............................................... 95 Katherine Registry & circuit courts .............................................. 95 Tennant Creek Registry & circuit courts ...................................... 96 Nhulunbuy Registry & circuit courts ............................................ 96 Alyangula Registry ...................................................................... 96 Office of the Coroner, Darwin & Alice Springs............................ 97 Practice Directions and memoranda ........................................... 98 Local Court Fees ....................................................................... 176 i Table of Contents Page No Office of Courts Administration – General Policy Court Reporting policy and charges .......................................... 179 Supreme Court Library access and policy ................................. 184 Copyright in judgments of the courts of the NT ......................... 186 Videoconferencing .................................................................... 187 NT Family Court/Federal Court Joint Registry Registry ..................................................................................... 193 Family Court Registry Manager................................................. 193 Family Court Counselling Service ............................................. 193 Sittings for 2001 ........................................................................ 194 Memo to practitioners ................................................................ 195 Family Court Practice Note - Darwin Registry ........................... 196 High Court of Australia Chief Justice.............................................................................. 198 Justices ..................................................................................... 198 Associates/Tipstaves ................................................................ 198 Chief Executive Officer & Principal Registrar ............................ 199 Registries .................................................................................. 199 Sittings for 2001 ........................................................................ 201 Practice Notes ........................................................................... 202 Federal Court of Australia Chief Justice.............................................................................. 213 Judges ...................................................................................... 213 Sittings for 2001 ........................................................................ 215 Registries .................................................................................. 216 Practice Notes ........................................................................... 218 Family Court of Australia Chief Justice.............................................................................. 240 Deputy Chief Justice ................................................................. 240 Judges ...................................................................................... 240 Office of Chief Executive ........................................................... 242 Registries .................................................................................. 242 Practice Directions .................................................................... 244 Family Court of Western Australia Chief Judge ............................................................................... 257 Judges ...................................................................................... 257 Registry and office of Collector of Maintenance ........................ 257 ii Table of Contents Page No Administrative Appeals Tribunal Registries .................................................................................. 258 Miscellaneous Office of the Administrator of the Northern Territory Northern Territory Attorney-General's Department Ombudsman for the Northern Territory of Australia Office of the Solicitor-General Attorney-General’s Department Office of the Director of Public Prosecutions Summary Prosecutions Northern Territory Correctional Services Northern Territory Police, Fire & Emergency Services Australian Government Solicitor Commonwealth Director of Public Prosecutions Office of the Parliamentary Counsel Northern Territory Interpreter & Translator Service Northern Territory University – School of Law Northern Territory Legal Aid Commission Aboriginal Legal Aid Services Darwin Community Legal Services Domestic Violence Legal Help, Darwin Top End Women’s Legal Service Central Australian Women’s Legal Service Inc Domestic Violence Legal Service, Alice Springs Katherine Community Legal Services Environmental Defenders Office (NT) Land Councils Northern Territory Barristers Chambers List of solicitors firms, Government agencies, Legal Aid Services and sole practitioners in the Northern Territory Northern Territory Bar Association Law Society of the Northern Territory Northern Territory Law Reform Committee Northern Territory Council of Law Reporting Inc Criminal Lawyers Association of the NT Legal Practitioners Admission Board Legal Practitioners Complaints Committee Legal Practitioners Fidelity Fund Committee Legal Practitioners Trust Fund Committee Law Council of Australia Australian Bar Association Motor Accidents (Compensation) Appeals Tribunal Land and Valuation Review Tribunal Aboriginal Land Commissioner Anti-Discrimination Commissioner of the Northern Territory iii 260 260 261 261 262 265 266 267 268 268 269 269 269 270 271 272 274 275 276 276 277 277 277 278 280 284 295 295 296 296 296 297 297 297 298 298 298 299 299 299 299 Table of Contents Page No Health and Community Services Complaints Commission Development Consent Authority (formerly Northern Territory Planning Authority) Northern Territory Treasury Australian Competition & Consumer Commission Australian Securities and Investments Commission Official Trustee in Bankruptcy List of Public Notaries List of Accredited Mediators List of Accredited Family Law Specialists List of Official Liquidators Liquidators rates of remuneration Public Holidays Index iv 300 300 301 301 302 303 304 307 312 313 317 318 i Notice of any errors, suggestions for improvements, corrections and changes throughout the year should be addressed to: The Registry Manager Supreme Court of the Northern Territory GPO Box 3946 DARWIN NT 0801 Telephone: (08) 8999 7024 Facsimile: (08) 8999 5446 email: lenore.keyte@nt.gov.au NOW AVAILABLE ON THE INTERNET ON THE SUPREME COURT HOME PAGE http://www.nt.gov.au/ntsc SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA Chief Justice The Hon Justice Brian Frank Martin AO MBE Judges Resident Judges The Hon Justice David Norman Angel The Hon Justice Dean Mildren The Hon Justice Sally Gordon Thomas AM The Hon Justice Steven Ronald Bailey The Hon Justice Trevor John Riley Additional Judges The Hon Justice Lancelot John Priestley The Hon Justice Howard William Olney Acting Judges The Hon Justice John Foster Gallop AM RFD The Hon Justice John Jeremy Doyle (to 13.5.01) The Hon. Justice Robert Brooking (to 13.5.01) DARWIN CHAMBERS Associates and Secretaries Martin CJ Angel J Mildren J Associate Ms Tanya Ling email: tanya.ling@nt.gov.au Secretary Mrs Margaret Babington email: margaret.babington@nt.gov.au (08) 8999 6386 Associate Ms Jennifer Glass email: jennifer.glass@nt.gov.au Secretary Ms Joan Bourke email: joan.bourke@nt.gov.au (08) 8999 6614 Associate Mr Colin Laporte email: colin.laporte@nt.gov.au Secretary Ms Christine Arthur email: christine.arthur@nt.gov.au (08) 8999 6372 1 (08) 8899 6381 (08) 8999 6613 (08) 8999 6365 Thomas J Bailey J Riley J Associate Ms Jillian Eriksen email: jillian.eriksen@nt.gov.au Secretary Ms Anne Kempster email: anne.kempster@nt.gov.au (08) 8999 6457 Associate Ms Arlene Gomes email: arlene.gomes@nt.gov.au Secretary Mrs Kelleigh Wright email: kelleigh.wright@nt.gov.au (08) 8999 7293 Associate Mr Roman Micairan email :roman.micairan@nt.gov.au Secretary Mrs Carole Guinane email: carole.guinane@nt.gov.au (08) 8999 6677 (08) 8999 6472 (08) 8999 6533 (08) 8999 6632 Priestley J (08) 8999 6672 Olney J (08) 8999 6632 Gallop AJ (08) 8999 6687 Doyle AJ (08) 8999 6319 Brooking AJ (08) 8999 6668 After hours Duty Judge 0401 115 454 Facsimile (08) 8999 7575 ALICE SPRINGS CHAMBERS Circuit Judge Associate Secretary (08) 8951 5704 (08) 8951 5703 Facsimile (08) 8951 5033 2 Supreme Court (cont) SUPREME COURT - DARWIN MASTER'S CHAMBERS Master Mr Terence Coulehan email: terence.coulehan@nt.gov.au Executive Assistant Ms Brenda Phillips Telephone: (08) 8999 6570 Facsimile: (08) 8999 6633 email: brenda.phillips@nt.gov.au REGISTRAR’S CHAMBERS Registrar/ Ms Margaret Rischbieth Registrar of Probates email: margaret.rischbieth@nt.gov.au Secretary Ms Gillian Hay Telephone: (08) 8999 6574 Facsimile: (08) 8999 5446 email: gillian.hay@nt.gov.au Registry Staff: Registry Manager Ms Lenore Keyte (08) 8999 7024 email: lenore.keyte@nt.gov.au Civil/Listing Officer Mrs Beverly Miller (08) 8999 6660 email: beverly.miller@nt.gov.au Probate/Appeals Officer RTM Ms Anne O’Rourke (08) 8999 6562 email: anne.o’rourke@nt.gov.au A/Counter Officer/Justices Appeals Officer Civil Exhibits enquiries Transcript account inquiries Mrs Maisie Reid (08) 8999 7953 email: maisie.reid@nt.gov.au Supreme Court State Square DARWIN NT 0800 GPO Box 3946 DARWIN NT 0801 GENERAL INQUIRIES Telephone Facsimile OFFICE HOURS (08) 8999 7953 (08) 8999 5446 Monday to Friday 9.00 am to 4.00 pm 3 Supreme Court (cont) Library: Librarian Ms Frieda Evans (08) 8999 6585 email: frieda.evans@nt.gov.au Library Management Committee Chairman GENERAL INQUIRIES Telephone Facsimile HOURS: (08) 8999 6632 (08) 8999 6583 (08) 8999 6181 Monday to Friday 8.30am to 4.30 pm SUPREME COURT - ALICE SPRINGS Registry: Supreme Court Clerk/ Ms Emma Cornock List Clerk email: emma.cornock@nt.gov.au Facsimile: (08) 8951 5716 (08) 8951 5702 Library: Library Officer Ms Sophie Shiell: email: sophie.shiell@nt.gov.au Facsimile: (08) 8951 5707 (08) 8951 5033 Law Courts Building Parsons Street ALICE SPRINGS NT 0870 PO Box 1394 ALICE SPRINGS NT 0870 OFFICE HOURS Monday to Friday - 8.30 am to 4.00 pm 4 Supreme Court (cont) SHERIFF OF THE NORTHERN TERRITORY Darwin GENERAL INQUIRIES Telephone: (08) 8999 7930 Facsimile: (08) 8999 7848 or 8999 5446 OFFICE HOURS: Monday to Friday 8.00 am-4.30 pm Sheriff/Criminal Registrar Mr Christopher Cox (08) 8999 6566 email: chris.cox@nt.gov.au A/Deputy Sheriff/ Criminal Registrar Mr Peter Wilson (08) 8999 6483 email: peter.wilson@nt.gov.au Jury Administration Officer Mrs Marianne Warren (08) 8999 7930 email: marianne.warren@nt.gov.au Jury information recorded message (Panel A) recorded message (Panel B) recorded message (Panel C) 1800 657 600 1800 657 511 1800 355 947 A/Criminal Exhibits enquiries Mr Peter Wilson (08) 8999 6483 email: peter.wilson@nt.gov.au Tele/Videoconference enquiries Mrs Marianne Warren (08) 8999 7930 email: marianne.warren@nt.gov.au Supreme Court State Square DARWIN NT 0800 GPO Box 3946 DARWIN NT 0801 Alice Springs: Deputy Sheriff Ms Emma Cornock (08) 89515716 email: emma.cornock@nt.gov.au Jury Inquiries Jury information recorded message Facsimile: (08) 8951 5702 Law Courts Building Parsons Street ALICE SPRINGS NT 0870 (08) 8951 5709 1800 064 619 PO Box 1394 ALICE SPRINGS NT 0871 OFFICE HOURS: Monday to Friday 8.00 am-4.20 pm 5 Supreme Court (cont) Admiralty Registrar Mr Terence Coulehan Telephone: (08) 8999 6570 Facsimile: (08) 8999 6633 email: terence.coulehan@nt.gov.au Marshal Mr Christopher Cox Telephone: (08) 8999 6566 Facsimile: (08) 8999 7848 email: chris.cox@nt.gov.au Court Security - Darwin Officer in Charge – Security Custodial Officer Information Desk Mr Hugh Perera Mr Jeff Thurling (08) 8999 6015 (08) 8999 6555 (08) 8999 6994 Facsimile: (08) 8999 7848 OFFICE OF COURTS ADMINISTRATION ADMINISTRATION UNIT Chief Executive Officer Mrs Lyn McDade Executive Assistant Mrs Vivienne Lang Telephone: Facsimile email: (08) 8999 6112 (08) 8999 5512 viv.lang@nt.gov.au Supreme Court Access Committee Secretary Mr Kevin McShanag Telephone: Facsimile email: (08) 8999 6289 (08) 8999 5512 kevin.mcshanag@nt.gov.au 6 Supreme Court (cont) COURT REPORTING SERVICES (private contractors) Court Recording Services (NT) Pty Ltd General Manager NT Mr Allan Wilson 0411 479 013 Supreme Court - Darwin Manager Mrs Glenys Wilson 0411 863 343 Level 6, Supreme Court Building State Square DARWIN NT 0800 Telephone: (08) 8981 4424 Facsimile: (08) 8941 1456 email: allan@courtrecording.com.au Transcript inquiries (08) 8999 7841 Magistrate’s Courts - Darwin Supervisor Mr Wayne King Level 3, Nichols Place Cnr Cavanagh & Bennett Streets DARWIN NT 0800 Telephone: Facsimile: (08) 8999 6085 (08) 8999 7936 Law Courts - Alice Springs Manager Ms Colleen Wilson Law Courts Building Parsons Street ALICE SPRINGS NT 0870 Telephone: Facsimile: (08) 8952 5388 (08) 8952 5388 email: crsalice@courtrecording.com.au 7 Supreme Court (cont) COURT CALENDAR FOR 2001 DARWIN THE OPENING OF THE LEGAL YEAR will be held on Wednesday 31 January 2001. CIVIL MATTERS will be listed for hearing by the Master or Registrar pursuant to Rule 48.28 of the Supreme Court Rules. PRE-TRIAL CONFERENCES IN CRIMINAL MATTERS are held before a Criminal Registrar not less than 14 days after the first arraignment and then as is necessary. PRE-TRIAL HEARINGS will be heard by the judge allocated to hear the trial no later than 28 days after the matter is listed for trial and then as often as the judge considers necessary. INTERLOCUTORY APPLICATIONS will be held each Thursday before the Duty Judge at 10.15 am and before the Master at 9.30 am. CALLOVERS OF JUSTICES' APPEALS will be held on the second Wednesday of each month commencing at 9.30 am CALLOVERS OF COURTS OF APPEAL matters will be held on the dates listed below, commencing at 2.00 pm. ADMISSION OF LEGAL PRACTITIONERS will be held on the first Tuesday of each month at 9.30 am. ARRAIGNMENT DAYS COURTS OF APPEAL Friday 2 February 2001 Monday 19 March 2001 Monday 23 April 2001 Monday 4 June 2001 Monday 16 July 2001 Monday 27 August 2001 Monday 1 October 2001 Monday 26 November 2001 12 March – 23 March 2001 30 April – 11 May 2001 4 June – 15 June 2001 30 July – 10 August 2001 8 October – 19 October 2001 CALLOVER DATES 14 February 2001 4 April 2001 9 May 2001 4 July 2001 12 September 2001 NOTE: SITTINGS SUBJECT TO AVAILABILITY OF JUDGES CIRCUIT COURT CALENDAR FOR 2001 8 Supreme Court (cont) ALICE SPRINGS THE OPENING OF THE LEGAL YEAR will be held on Friday 2 February 2001. A Judge sitting at Alice Springs will conduct a CALLOVER of all matters listed for hearing at the next sittings at or near the conclusion of all sittings in Alice Springs. INTERLOCUTORY APPLICATIONS will be heard by the CIRCUIT JUDGES as required. Arrangements may be made with Supreme Court staff at Alice Springs. INTERLOCUTORY APPLICATIONS BEFORE THE MASTER will be conducted by telephone each Wednesday commencing at 2.00 pm (See Acting Registrar’s memorandum dated 18 June 1999 on page 46 of this publication.) ADMISSION OF LEGAL PRACTITIONERS will take place as the need arises. Arrangements may be made with the Associate to the circuit Judge. ARRAIGNMENT DAYS CRIMINAL SITTINGS 7 February – 2 March 2001 23 April – 18 May 2001 30 July – 24 August 2001 27 August – 21 September 2001 12 November – 17 December 2001 5 February 2001 23 April 2001 30 July 2001 27 August 2001 12 November 2001 CIVIL SITTINGS 12 March – 23 March 2001 9 July – 27 July 2001 22 October – 9 November 2001 KATHERINE INTERLOCUTORY APPLICATIONS BEFORE A JUDGE AND THE MASTER – see Acting Registrar’s memorandum dated 18 June 1999 on page 46 of this publication SITTINGS 26 February – 2 March 2001 23 July – 27 July 2001 3 December – 7 December 2001 PRACTICE DIRECTIONS, MEMORANDA AND 9 Supreme Court (cont) GUIDELINES Advice regarding directions made after the date of publication of the Almanac may be obtained from the office of the Master, the Sheriff and the Registrar. PRACTICE DIRECTIONS Page No 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Court Dress Corporations Law Usual undertaking as to damages Delivery of decision by other than trial Judge Jury Lists Application for appointment as a Public Notary Court attire – Wigs Insurance of property arrested under the Admiralty Act 1988 Legal Practitioners (Incorporation) Act Criminal Trials Criminal trials as backups to civil trials in Alice Springs General Rules of procedure in criminal proceedings Goods and Services Tax Order 48 – Litigation Plan Recission Places of Sitting Medical evidence – hospital records Settlements – Persons under disability Appointment of Liquidators by the Court on winding up of a company Lists of Authorities and Summaries of Submissions Document Exchange Signatures Disposal of Exhibits Application for bail – service on Director of Public Prosecutions and evidence Alice Springs sittings – callovers generally General Rules of procedure in criminal proceedings procedure wanting or in doubt Public access to civil jurisdiction court files After Hours Duty Judge Sittings in Oenpelli 1/1987 1/1992 3/1992 4/1993 1/1997 2/1998 2/1999 3/1999 12 12 12 13 13 13 14 14 4/1999 1/2000 2/2000 3/2000 4/2000 5/2000 1/2001 2/2001 3/2001 4/2001 5/2001 15 19 19 20 21 21 25 27 27 27 28 6/2001 7/2001 8/2001 9/2001 10/2001 29 30 30 31 31 11/2001 12/2001 31 32 13/2001 14/2001 15/2001 32 35 35 MASTER'S MEMORANDA 1 2 3 4 Composite fee- winding up orders Composite fee-appointment of Provisional Liquidator Application for determination of Liquidators' remuneration by the Court Interest on judgment debts 15. 7.93 29. 7.93 2/93 3/93 36 40 26.4.94 1A/94 40 4.7.00 1/00 41 REGISTRAR’S MEMORANDA Date 10 Page No Supreme Court (cont) 1 2 3 4 5 6 7 8 9 10 Orders for transfer of proceedings to Local Court Evidence of work done – Official Liquidators' Remuneration De Facto Relationships Act commencement of proceedings Consent orders Payment of $250 upon setting a matter down for hearing Default Judgment for Debt Interlocutory applications – Alice Springs and Katherine Taxation of bills of costs at Alice Springs Certificates of good fame and character Return of subpoenas 1. 6.93 12. 7.93 42 42 27.10.94 42 4.12.95 13.12.95 27.5.99 18.6.99 15.11.00 16.5.01 15.5.01 42 45 45 46 47 47 48 TAXATION GUIDELINES Page No Solicitors costs – Taxation Guidelines . variations to composite scale to 31/12/2001 . variations to composite fee for winding up to 31/11/2001 . variations to solicitors rate per unit to 31/12/2001 . variations to interest rates on judgment debts to 30/6/2001 49 56 61 61 63 Counsel's fees – Taxation Guidelines . Counsel fees from 1/1/1997 . variations to counsel’s fees to 31/12/1996 64 66 67 . 70 Supreme court fees ADMISSION GUIDELINES Page No . . . . . . . Legal Practitioners Rules Articles of Clerkship General Admission of person not previously admitted elsewhere Admission of New Zealand and other overseas practitioners Admission under the Mutual Recognition Act 1992 Supplementary guidelines (Academic qualifications) 72 73 74 74 75 77 81 SHERIFF OF THE NORTHERN TERRITORY Memorandum to Practitioners Warrants of Execution 11 88 Supreme Court (cont) SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA PRACTICE DIRECTIONS 1. Practice Direction No 1/87 Re: Court Dress The distinction between the nature of court hearings and chambers has disappeared under the new rules. In proceedings under the new rules, robes need not be worn in interlocutory applications. Practice Direction No. 5 of 1983 is rescinded. Chief Justice 15 October 1987 2. Practice Direction No 1/92 Re: Corporations Law In pursuance of section 72 of the Supreme Court Act, I direct as follows - 3. An order for the winding up of a company will not be made unless – (a) there has been compliance with section 470(1) of the Corporations Law; and (b) the judge or master making the order is satisfied that no prior order for the winding up of the company has been made by any court in the Commonwealth of Australia having jurisdiction to make orders for the winding up of a company. 2. The fact that, on the day on which a winding up order is sought, a search was made of the records of the Australian Securities and Investments Commission at its Darwin office and that no prior order for winding up was found by that search, shall be sufficient evidence for the purposes of par. 1(b). 3. Evidence of the matters required by this practice direction shall be adduced by affidavit. Chief Justice April 1992 Practice Direction No 3/92 Re: Usual undertaking as to damages 1. Where, in relation to an interlocutory injunction or undertaking to the court, an undertaking as to damages is to be given, a "usual undertaking as to damages" will be an undertaking to pay to any party adversely affected by the interlocutory injunction or undertaking such compensation (if any) as the court thinks just, in such manner as the court directs. Chief Justice 13 November 1992 12 Supreme Court (cont) 4. Practice Direction No 4/93 Re: Delivery of decision by other than trial Judge Pursuant to section 72 of the Supreme Court Act, I direct that: When any proceeding, after being fully heard before a judge, is ordered to stand for judgment and the judge is absent from the Northern Territory and the judgment and reasons for judgment have been reduced to writing by the judge, then the same may be made and published by any other judge in the Northern Territory. In any such case the judgment and reasons shall have the same force and effect as if the judge whose judgment and reasons as so made and published had been present in court in the Territory and had made and delivered the same in person. The Hon Justice Martin Chief Justice 21 September 1993 5 Practice Direction 1/97 Re: Jury lists I, Brian Frank Martin, Chief Justice of the Supreme Court of the Northern Territory of Australia, pursuant to section 72 of the Supreme Court Act, direct that the list of jurors required pursuant to section 434 of the Criminal Code to be given to accused persons, may not be given to an accused person, or the prosecution, earlier than seven days before the accused person is required to plead to the indictment. The Hon Justice Martin Chief Justice 20 June 1997 6. Practice Direction No 2/98 Re: Applications for appointment as a Public Notary 1. Application for appointment as a Public Notary will be made by Originating Motion (Form 5D) supported by affidavit. 2. The Originating Motion and supporting affidavit shall be served on the Law Society. 3. The applicant’s affidavit shall have annexed to it a copy of a notice in the Northern Territory News of the applicant’s intended application, which shall state the date, time and place of the hearing of the application. 4. It is not necessary for the applicant to take out a summons in accordance with r45.04(2). 13 Supreme Court (cont) 5. The Law Society is not required to enter an appearance to the Motion and shall be entitled to be heard at the hearing hereof. 6. The advertisement referred to in paragraph 3 above shall be placed once in the Public Notices column of the Northern Territory News at least seven (7) days prior to the date of hearing. 7. The Notice of Motion and supporting affidavit shall be served upon the Law Society at least two (2) clear days prior to the hearing. 8. 7. A person other than the Law Society shall not be heard in opposition to the application except by leave of the Court. The Hon Justice Kearney Acting Chief Justice 2 September 1998 Practice Direction No 2/99 Re: Court Attire – Wigs With certain exceptions, the Judges of the Supreme Court will not wear wigs when exercising the civil jurisdiction of the Court including on appeal to the Court, at first instance, and on appeal from the Court to the Court of Appeal and matters referred to the Full Court as from 1 July 1999. The exceptions apply to ceremonial sittings and sittings of the Full Court for the admission or discipline of legal practitioners and where a Judge or Judges decide otherwise in particular circumstances. Wigs will not be worn by counsel when wigs are not worn by the member or members of the Court. The Hon Justice Martin Chief Justice 14 May 1999 8. Practice Direction No 3/99 Re: Insurance of property arrested under the Admiralty Act 1988 The Admiralty Act 1988 (Cwlth) provides for the arrest of property (including vessels) by the Marshall in actions in rem. The Marshall will obtain indemnity insurance for the period the vessel is in the possession of the Marshall. The costs of that insurance will be an expense incurred by the Marshall payable by the party issuing the writ for the arrest of the vessel. The Court may require that party to undertake to pay the cost of that insurance at the time the writ is issued. The Marshall does not at any time during the period of arrest hold commercial insurance for the benefit of any person who has an interest in the arrested property including cargo. Persons with an interest in the arrested property and their solicitors may wish to consider the question of insuring the amount of their interest against consequential risks, including risks occasioned by any movement of the vessel. The Hon Justice Martin Chief Justice 9 July 1999 14 Supreme Court (cont) 9. Practice Direction 4/99 Re: Legal Practitioners (Incorporation) Act I rescind practice direction 4/85 Applications for approval under the above Act should be made on originating motion supported by the affidavit of the applicant or applicants. A form of originating motion and of a supporting affidavit are attached. The originating motion should be lodged in duplicate. On an application being filed in the Registry, it will be entered in the civil register. The Master will then examine the application and check the constitution and any other documents submitted with the application. In due course, he will prepare and forward a report to the Chief Justice, who will consider the application and decide whether to grant approval. If the Chief Justice is not satisfied on the Master’s report, the application will be listed for hearing in his private chambers and the applicant will be informed of the time and date of hearing. On hearing the application, the Chief Justice will make such order as he thinks appropriate and that order should then be formally drawn up and entered. The formal order together with constitution should be produced to the Australian Securities and Investments Commission when application is made to him to register the company as a practising company. Chief Justice December 1999 15 Supreme Court (cont) IN THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA AT (Place) No. ( of 2001 IN THE MATTER OF: ) THE LEGAL PRACTITIONERS (INCORPORATION) ACT AND IN THE MATTER OF AN APPLICATION FOR APPROVAL FOR THE FORMATION OF (ABC CO PTY LTD) AS A PRACTISING COMPANY EX PARTE ORIGINATING MOTION Let all parties concerned attend before the Honourable Chief Justice in Chambers, Supreme Court, State Square, Darwin in the Northern Territory of Australia on at am/pm upon the hearing of an application by a legal practitioner for approval of the Chief Justice for the formation of the above mentioned practising company pursuant to Section 6 of the Legal Practitioners (Incorporation) Act and for such further or other orders as his Honour sees fit. DATED: Applicant 16 Supreme Court (cont) IN THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA AT (Place) No. of 2001 ( ) IN THE MATTER OF: THE LEGAL PRACTITIONERS (INCORPORATION) ACT AND: IN THE MATTER OF: AN APPLICATION FOR APPROVAL FOR THE FORMATION OF (ABC CO PTY LTD) AS A PRACTISING COMPANY AFFIDAVIT DEPONENT: DATE SWORN/AFFIRMED: 1, of in the Northern Territory of Australia, Barrister and Solicitor, MAKE OATH AND SAY THAT/SOLEMNLY AND SINCERELY AFFIRM THAT:1. I am the applicant herein and I hold a current unrestricted practising certificate pursuant to the Legal Practitioners Act. I am in practice as a Barrister and Solicitor at (town) in the Northern Territory of Australia as a sole practitioner/in partnership with …………………………………………………………………………………….……. under the firm name and style of …………………………………………………………………………………………. 2. On or about (date) or so soon thereafter as is practicable, I propose to form a practising company to be known as (A B C Co Pty Ltd) the said name having been reserved with the Australian Securities and Investments Commission (hereinafter referred to as “the proposed practising company”). 3. I am one of the proposed Directors of the proposed practising company and the other proposed Director/s is/are ………………………………………………………………………………………….. of ……………………………………………………………………………………….. SWORN/AFFIRMED on Deponent Witness 17 Supreme Court (cont) -2– 4. The proposed practising company, when registered, will practice under the firm name and style of (X Y Z). 5. Now produced and shown to me at the time of swearing this affidavit and marked “ “ is a true copy of the proposed Constitution of the proposed practising company. 6. The Constitution of the proposed practising company:a) b) c) d) provides that each director shall hold an unrestricted practising certificate or, as an alternative where there are only two directors, that one director shall hold an unrestricted practising certificate and the other shall be a near relative (as defined in the Legal Practitioners (Incorporation) Act ) of the first; provides that the practising company shall not carry on the practice of a legal practitioner while there is no director who has the qualification referred to in paragraph a) or while any director does not so have that qualification; provides that all the shares included in all classes of shares that entitle the holder of such a share to exercise a vote at a meeting of the company shall only be held by a director or directors; provides that no other person shall hold a share in a company other than:(i) (ii) (iii) a director; a spouse, child or grandchild of a person who is for the time being, a director; or an executor or administrator of, or trustee for, any of the persons referred to in sub-paragraphs (i) and (ii). 7. I undertake to inform the Honourable Chief Justice through the Master’s office of any changes of directors, their addresses, and place of practice of the proposed company or any material change affecting the nature of the said practising company. 8. I respectfully request the approval of the Chief Justice for the formation of a practising company in accordance with the Constitution annexed to this affidavit. SWORN/AFFIRMED) at ) on ) before me: Commissioner for Oaths/Justice of the Peace 18 Supreme Court (cont) 10. Practice Direction No 1/00 re: Criminal trials With a view to ensuring the orderly and expeditious discharge of the business of the court by increasing the opportunity for judicial management of the preparation for criminal trials, it is directed that: . once a trial date has been allocated the Sheriff will notify the Judge before whom the trial is to take place; . the Judge may call the parties together at any time upon reasonable notice and conduct a conference at which the parties attend in person or by telephone or video link, for any purpose connected with the conduct of the trial; . the parties shall attend at that conference and the Judge may make such orders as the Judge thinks fit in relation to disposing of applications prior to trial and in the conduct of the trial; . parties means the Director of Public Prosecutions, the legal representative of the accused, or if unrepresented, the accused. . This Practice Direction applies as well to all cases presently set down for trial. The Hon Justice Martin Chief Justice 20 April 2000 11. Practice Direction No 2/00 re: Criminal trials as backups to civil trials in Alice Springs With a view to ensuring the orderly and expeditious discharge of the business of the court and in an attempt to make use of court time which might otherwise be lost when civil trials in Alice Springs do not proceed, and there being no other civil trial to fill the time made available, the following procedure has been agreed upon by interested parties and is directed to be implemented as from 1 May 2000. . a callover of all civil and criminal matters in the list for hearing at Alice Springs will take place at or near the end of each criminal sittings in Alice Springs by the Judge then present; . before the callover the Director of Public Prosecutions and representatives of the Central Australian Aboriginal Legal Aid Service and the Northern Territory Legal Aid Commission will seek to identify criminal trials suitable to be listed as backups for the civil sittings to commence not less than seven weeks from the date; 19 Supreme Court (cont) . the presiding Judge will list any suitable criminal trial as a backup to a civil trial, but not for the first week of the civil sittings. It is anticipated that Justices Appeals and pleas will be listed during the first week, and if time is available, elsewhere during the sittings as time permits; . approximately one week before the commencement of the civil sittings the Judge who is to preside will conduct a conference by video link in which the calendar for the sittings will be reviewed and backups confirmed or vacated as appropriate. The Hon Justice Martin Chief Justice 20 April 2000 12. Practice Direction No 3/00 re: General rules of procedure in criminal proceedings -= Pre-trial conference It is anticipated that the Rules will come into operation by notification in the Gazette on 1 May 2000. With a view to ensuring the orderly and expeditious discharge of the business of the court, and to minimise cost and inconvenience in relation to the conduct of a pre-trial conference, it is directed that: . the Director of Public Prosecutions and the accused’s legal representative, or, if the accused is unrepresented, the accused, shall, not less than 24 hours prior to the time fixed for the pre-trial conference, deliver to the Criminal Registrar who is to conduct the conference, by leaving it at the Criminal Registrar’s office or by post or facsimile transmission, a document in the form of Schedule 2 to the Rules, upon which answers to the questions have been written; . the form shall be signed by the Director or the accused’s legal representative or the accused as the case may be; . a copy of the completed and signed form shall also be delivered to the other party in person or by post or facsimile transmission prior to the time fixed for the pre-trial conference; . forms for this purpose will be available from all Criminal Registrars. The Director and legal representatives may make copies for their purposes, but for the sake of consistency, a copy must be made of the form provided; . any notice required to be given by the Director under r81A.16(2)(c) shall be in writing signed by the Director and delivered to the Criminal Registrar with the Schedule 2 form. The Hon Justice Martin Chief Justice 20 April 2000 20 Supreme Court (cont) 13. Practice Direction No 4/00 re: Goods and Services Tax In taxing costs under Order 63, the Taxing Master may allow a reasonable amount for GST paid or payable pursuant to the GST law as defined in A New Tax System (Goods and Services Tax) Act 1999, on the taxed costs. Practitioners claiming GST are required to account for any savings that may result from the implementation of the New Tax System. The Hon Justice Martin Chief Justice July 2000 14 Practice Direction No 5/00 re: Order 48 – Litigation Plan Pursuant to Rule 48.28 and for the purpose of considering the practicality of changing Order 48, it is directed that the following new procedure is to apply to all matters commenced after the date of this direction. The period during which the direction is to apply is 12 months after the date of this direction. There is substituted for Rule 48.06(1) (d) the following: “(d) if the originating process has been served and an appearance has been entered (i) consider whether the order referred to in rule 48.02(2) ought to be made and, if appropriate, make such an order; (ii) determine whether a defence has been filed and served and, if not, to give such directions in that regard as the Master thinks fit.” There is substituted for rules 48.07, 48.08, 48.16, 48.17 and 48.18 the following which is hereafter referred to as “the litigation plan” – 1. The Master may dispense with the whole or any part of the litigation plan and restore the same at any time as he thinks fit. 2. If the Master dispenses with the whole of the litigation plan then the rules for which the litigation plan is substituted shall be revived. 3. In the litigation plan Master includes Registrar. 21 Supreme Court (cont) LITIGATION PLAN 1. In addition to the initial directions hearing there shall be a further directions hearing before the Master 3 months after pleadings have closed. The Master shall fix a time, date and place for the holding of the hearing. 2. Not later than 7 days prior to the hearing referred to in paragraph 1 hereof , each party shall file and serve on each other party to a proceeding a litigation plan which shall state: 2.1 what the party contends are the primary legal and factual issues and which of those issues, if any, are capable of being agreed; 2.2 what the party contends is the necessary evidence to prove his or her or its case; 2.3 what the party contends are the outstanding and required interlocutory steps to be completed prior to the proceeding being ready for trial; 2.4 what the party contends is a possible timetable for the completion of all outstanding steps prior to trial; 2.5 the numbers of witnesses the party has spoken to as at the date of filing the litigation plan; 2.6 how many proofs of evidence the party has obtained as at the date of filing the litigation plan; 2.7 how many more witnesses the party needs to contact and obtain statements from prior to trial; 2.8 the date by which it is anticipated all necessary proofs of evidence will be obtained and reasons for time required to obtain such proofs of evidence; 2.9 the number of expert witnesses that are likely to be called at trial, the field of expertise and what expert reports have been obtained; 2.10 what steps can be taken to shorten the duration of the proceeding; 2.11 the date when the proceeding is likely to be ready for trial and why such time is necessary to get the matter ready for trial; 2.12 what attempts have been made to settle the proceeding; 2.13 the names of the legal practitioners who have the conduct of the proceeding; 2.14 how many counsel will be briefed; 22 Supreme Court (cont) 2.15 a preliminary list of documents that are likely to be tendered in evidence at trial by agreement and otherwise. The list should identify the issues in the proceeding to which the documents relate; 2.16 what directions are required; 2.17 what aspects of the proceeding may be appropriate for separate determination or for mediation; 2.18 that the party has been given an estimate as to costs incurred to date and the costs likely to be incurred in the resolution of the proceeding. The litigation plan shall be signed by the party and the solicitor who has the conduct of the proceeding. 3. At the hearing the Master shall: 3.1 examine the parties legal representatives as to their litigation plans and the progress of the proceeding; 3.2 make whatever directions are necessary; and 3.3 refer the proceeding to the Chief Justice who must then allocate it to a Judge for the purpose of holding a further directions hearing before the Judge. MASTER’S REPORT 4. Prior to the hearing before the Judge the Master shall prepare a report (Master’s Report) for the Judge stating:4.1 how long the Master believes it will take to get the matter ready for trial; 4.2 what matters, if any, may delay the proceeding; 4.3 what steps may be taken to expedite the hearing of the proceeding. LITIGATION REPORT The Judge shall fix a time, date and place for the hearing. The time shall be no more than 3 months after the date upon which the matter is allocated to the Judge. 5. Seven days prior to the hearing before a judge each party shall: 5.1 file and serve on each other party a list of authorities that the party proposes to refer to at the hearing of the proceeding; 5.2 file and serve on each other party a litigation report stating: 5.2.1 what delays, if any, have occurred, and why; 23 Supreme Court (cont) 5.2.2 how implementation of the litigation plan is progressing; 5.2.3 the date when the matter is likely to be ready for hearing; 5.2.4 what directions are required. JUDGE’S DIRECTIONS HEARING 6. At the hearing before a Judge the Judge shall consider the litigation plans, the Master’s Report and the litigation reports and shall: 6.1 review the litigation plans; 6.2 review what amendments need to be made to the pleadings and what admission the parties are prepared to make; 6.3 review the categorisation of the matter; 6.4 make directions to deal with any delay; 6.5 make directions to deal with the future conduct of the matter; 6.6 refer the matter back to the Master with a report (Judge’s Report) as to what steps should be taken to efficiently manage the proceeding; The Judge may retain management of the matter if he/she believes that will lead to the most efficient and economic resolution of the matter; 6.7 give directions and stipulate a timetable as to what interlocutory applications should be made by the parties and be heard by the Master or the Judge; 6.8 examine the legal representatives of the parties as to whether they have been able to further confine the issues; 6.9 if appropriate, fix a trial date or refer the proceeding to the Registrar to be dealt with under r48.21. There is substituted for O.48.21(1) the following: “When a proceeding has been ordered to be set down for trial, or referred to the Registrar, the Registrar must allocate to it the earliest available hearing dates. The Hon Justice Martin Chief Justice 1 January 2001 24 Supreme Court (cont) 15 Practice Direction No 1/2001 re. Recission The following practice directions are rescinded. The note to each indicates the reason. New directions will come into operation on the same day as the rescission. No 6 /1983 Orders for investment by Master Improved administrative practices have overcome the need for this direction. No 12/1983 Medical Evidence – Hospital Records A new direction will be made. No 1/1985 Scott Schedule There is ample power in O 48 of the Supreme Court Rules to order the preparation of a Scott Schedule to meet the requirements of the particular case. Nos 2/1985, 5/1985 & 3/1990 Settlements – Persons under disability A new direction amalgamating these directions will be made. See also r15.08 Supreme Court Rules. Nos 4/1990 & 2/1993 Liquidators A consolidated direction will be made. Nos 5/1990 & 2/1994 List of Authorities and Submissions A new direction will be made. Nos 3/1991 & 1/1993 Document Exchange A new direction will be made. Nos 2/1992 & 2/1995 Facsimile of Registrar’s Signature A consolidated direction will be made. No 3/1993 Video Conferencing Facilities Note now Part VA of the Evidence Act and the new directions under s 13(2) of the Supreme Court Act. No 1/1994 Caseflow Management – Alice Springs Part VA of the Evidence Act and O 48.16 of the Supreme Court Rules now cover the ground. 25 Supreme Court (cont) No 1/1995 Criminal Listings (Darwin) The General Rules of Procedure in Criminal Proceedings cover the ground. No 3/1995 Disposal of Exhibits A new direction will be made. No 1/1996 Interlocutory Applications – Katherine Part VA of the Evidence Act and O 48.16 now cover the ground. No 2/1996 Bail Applications The General Rules of Procedure in Criminal Proceedings cover some of the ground. A new direction will be made in respect of service upon the Director of Public Prosecutions, and evidence. No 3/1996 Civil Sittings – Alice Springs See Practice Direction No 2 of 2000. A new direction will be made in relation to callovers. No 1/1998 Prisoners at Risk General Rules of Procedure in Criminal Proceedings now cover the ground. The guidelines for public access to criminal jurisdiction files are revoked, see Rule 81A.09 of the General Rules of Procedure in Criminal Proceedings which covers the ground. The guidelines for Public Access to Civil Jurisdiction files are revoked. A practice direction will be made. The Hon Justice Martin Chief Justice 31 January 2001 26 Supreme Court (cont) 16. Practice Direction No 2/2001 re: Places of sitting Pursuant to section 13(2) of the Supreme Court Act it is directed that the Court shall have power to sit and act at any time at any of the undermentioned places for the transaction of any part of the business of the Court, or for the discharge of any duty which by any law in force in the Territory is required to be discharged: Alice Springs Katherine Other places may be the subject of such a direction as occasion requires. The Hon Justice Martin Chief Justice 31 January 2001 17. Practice Direction No 3/2001 re: Medical evidence – Hospital records Section 12(2) of the Evidence Act provides: “(2) A Medical practitioner shall not, without the consent of his patient, divulge in any civil proceedings (unless the sanity of the patient is the matter in dispute) any communication made to him in his professional character by the patient, and necessary to enable him to prescribe or act for the patient.” If a medical practitioner is asked or subpoenaed to give evidence, it is the obligation of the legal practitioner to inform the medical practitioner of section 12(2). Medical records should be produced to the Registrar in accordance with O.42.06 or to the Court on the return date of the subpoena. It will be for the Court to determine whether and to what extent the parties may be permitted access to the records. The Hon Justice Martin Chief Justice 31 January 2001 18. Practice Direction No 4/2001 re: Settlements – Persons under disability On application to the Court to approve a settlement on behalf of a person under disability, it is necessary to satisfy the Court by evidence that the proposed compromise is in all the circumstances of the case a proper one, and reasonably in the interest of the person under disability: see generally Katundi v Hay (1940) St.R.QD. 39; Gillespie v Alperstein (1964) V.R. 749; McWilliams v McWilliams (1967) 87 WN (Pt.1) (NSW) 6. 27 Supreme Court (cont) In the usual case, the evidence will be in the form of 2 affidavits, one by the next friend of plaintiff, the other by the plaintiff’s solicitor. In his affidavit, the next friend should state that he has considered the compromise, that he has discussed it with his solicitor or barrister, and that he is satisfied that it is a proper one for the benefit of the person under disability. The affidavit by the plaintiff’s solicitor should state that he too has considered the proposed compromise, and that, in his opinion, it is a satisfactory one, and in the best interests of the plaintiff. That opinion should be supported by sufficient facts and other information as to the circumstances giving rise to the plaintiff’s claim, as well as by copies of medical reports and an opinion of counsel, as will enable the Court to reach a proper conclusion on the application. Except in special circumstances, settlement for a sum inclusive of costs will not be sanctioned by the Court, and where costs have been agreed at the time the approval is sought, the Court will need to be satisfied that the costs were the subject of negotiation, independently of, and subsequent to, the settlement. The Hon Justice Martin Chief Justice 31 January 2001 19. Practice Direction No 5/2001 re: Appointment of Liquidators by the Court on winding up of a company There will be established an “A’, “B” and “C” list. The “A” list shall consist of local resident liquidators, ie those who reside in, and operate from, Darwin, or the place in the Northern Territory where the company had its registered office or operation. The “B” list shall consist of liquidators with Darwin offices or offices in the place in the Northern Territory where the company had its registered office or operation, but who do not reside there. The “C” list shall consist of liquidators who neither reside nor have offices in Darwin or in the place in the Northern Territory where the company had its registered office or operation. On appointing a liquidator (whether as a provisional liquidator or otherwise), the Court will give preference to those liquidators on the “A” list. Where there are reasons why the appointment of a liquidator on that list cannot be made (eg conflict of interest), the next preference will be given to the liquidators on the “B” list. Where there are good reasons why no liquidator on either the “A” list or the “B” list should be appointed, (eg where the company is part of a group of companies and the main or principle company has had a liquidator appointed out of the Territory), then a liquidator from the “C” list may be appointed. In the case of the example given, the liquidator approved will be the liquidator who was appointed out of the Territory. To be on the “B” list, a liquidator will have to undertake in writing to the Master that ï‚· he or she can operate from his or her Darwin office or the office in the place in the Northern Territory where the company had its office or operation; 28 Supreme Court (cont) ï‚· he or she will pay regular visits to Darwin or to the place in the Northern Territory where the company had its office or operation; and ï‚· the costs of any interstate travel and of any additional costs involved in a liquidation by reason of the liquidator’s being resident out of the Northern Territory will be absorbed by him or her or his or her firm. In any event, any such costs claimed in a liquidation will be disallowed. Where in an application for winding up a company the appointment of a liquidator who is on the “B” or “C” list is sought, the applicant shall, before the hearing, file an affidavit setting out the grounds upon which the appointment of such a liquidator is sought. Such an affidavit may be made by the applicant’s solicitor on the basis of information and belief. A liquidator whose name is entered on any of the above lists shall notify the Registrar in writing of – ( a ) any change of the address of his place of business; ( b ) such changes as – (i) the merger of his firm with that of another firm; or (ii) his retirement from business; and ( c ) any other changes in his circumstances which may be relevant to his being or remaining on any of the lists. A liquidator shall give notice of any such change as soon as possible after it has occurred. The Hon Justice Martin Chief Justice 31 January 2001 20 Practice Direction No 6/2001 re: Lists of Authorities and Summaries of Submissions In relation to all matters before a single Judge at first instance such as interlocutory applications, civil hearings and criminal trials, in respect of which counsel anticipates that authorities or legislation will be referred to, a list of authorities and legislation must be filed not less than 24 hours before the time at which it is anticipated the reference will be made. Practitioners are referred to Supreme Court Rules 84.17, 84.18 and 84.19 relating to appeals to the Court of Appeal. Those rules apply mutatis mutandis to all appeals to which O.83 of the Supreme Court Rules apply (save that only one copy of the list of authorities and summary of submissions is required to be filed) and all proceedings in which the court is constituted by more than one judge. A copy of the list and summary is to be served on the other party or parties immediately after filing. 29 Supreme Court (cont) Every endeavour should be made to file lists of authorities and summaries of submissions two working days before the hearing. Once the list is filed and processed by Registry, it will be brought immediately to the judge’s associate or senior judge’s associate. The time and date the document was received into Registry will be noted. Should a list of authorities or summary of submissions be not filed in time, it will be incumbent upon the practitioner or counsel in question to notify the judge’s associate or senior judge’s associate as to the reason for that failure. Unless otherwise instructed by their respective judges, associates will not collect the authorities contained in a list of authorities not filed within time, and practitioners will be obliged to provide adequate photocopies of them for the judge or judges within a reasonable time before the commencement of the hearing. The Hon Justice Martin Chief Justice 31 January 2001 21 Practice Direction No 7/2001 re: Document Exchange Pursuant to Rule 6.06(5) of the Supreme Court Act each of the following are approved as a Document Exchange for the purposes of Rule 6.06(1)(a): ï‚· The document exchange facility maintained by the Law Society of the Northern Territory situated at Level 2, Supreme Court Building, State Square, Darwin. ï‚· The document exchange facility on the ground floor of the Law Courts Building at Alice Springs. The Hon Justice Martin Chief Justice 31 January 2001 22 Practice Direction No 8/2001 re: Signatures Where documents referred to in any of the Supreme Court Rules, Corporations Law Rules or Motor Accidents (Compensation) Appeals Tribunal Rules are required to be settled, issued, signed or sealed by the Master or Registrar, they may be settled, issued, signed or sealed by the Master or Registrar or any person from time to time authorised in writing by the Master or Registrar as the case may be. Any such signature may be by means of a rubber stamp containing a facsimile of the Master or Registrar’s signature as the case requires. The Hon Justice Martin Chief Justice 31 January 2001 30 Supreme Court (cont) 23. Practice Direction No 9/2001 re: Disposal of Exhibits Any property that comes into the possession of the Court through subpoena or tender, except for medical records, should be returned to the legal practitioner acting for the party on whose behalf the document was subpoenaed or tendered. As for medical records, the Registry, at the expense of the legal practitioner involved, will return them to their owner. Exhibits should not be returned until all appeal proceedings have been resolved. The Hon Justice Martin Chief Justice 31 January 2001 24. Practice Direction No 10/2001 re: Application for Bail –Service on Director of Public Prosecutions and evidence Notice of an application for bail required to be in writing under Rule 81A.12 of the Rules of Procedure in Criminal Proceedings and of any affidavit in support of the application shall be given to the Director of Public Prosecutions by serving the same upon the Director not less than two days before the hearing of the application. Service on the Director may be affected by delivering a copy of the documents to the office of the Director, either in Darwin or Alice Springs, or by leaving the same in the Director’s box at the facility maintained by the Law Society of the Northern Territory at the Supreme Court building in Darwin or Law Courts building in Alice Springs. If the Director wishes to rely upon evidence in opposition to the application, it should be by affidavit filed in the Registry. A copy shall be served on the applicant or the applicant’s legal representative. The deponent to any affidavit may be required by the opposing party to attend for cross-examination, and if he or she fails to attend, the affidavit shall not be used except by special leave of the court. The Hon Justice Martin Chief Justice 31 January 2001 25 Practice Direction No 11/2001 re: Alice Springs sittings – Callovers generally At or near the conclusion of each sittings of the court at Alice Springs the Judge will conduct a callover of all matters listed for hearing at the next sittings. 31 Supreme Court (cont) The purpose of the callover will be to ascertain which of the matters listed will or will not proceed, the time required for the hearing of each matter which will proceed, and to determine what time, if any, will be available to hear any other matters, criminal or civil. The Hon Justice Martin Chief Justice 31 January 2001 26. Practice Direction No 12/2001 re: General Rules of procedure in Criminal proceedings – Procedure wanting or in doubt 1. Where the manner or form of the procedure (a) (b) for commencing or for taking a step in a criminal proceeding; or by which the jurisdiction, power or authority of the court is exercisable, is not prescribed by Chapter 1A of the Supreme Court Rules, a direction under section 72 of the Act or by or under any other Act, or for any other reason there is doubt as to the manner or form of that procedure, the court shall determine what procedure is to be adopted and may give directions. 2. An act done in accordance with the determination or direction under this practice direction is regular and sufficient. The Hon Justice Martin Chief Justice 31 January 2001 27. Practice Direction No 13/2001 re: Public access to Civil jurisdiction court files 1. Whether to permit an inspection of the court files or any part thereof, is in the discretion of the Registrar or the Master. 2. In respect of any documents not included in the following list, or where Registry staff are unsure, the request for inspection is to be referred to the Registrar or the Master for determination. Subject to the above, the following documents filed in the civil registry of the Court are available for search by the general public: 1. Pleadings ï‚· ï‚· ï‚· ï‚· ï‚· Originating process Statement of Claim Defence Reply Request for further and better particulars 32 Supreme Court (cont) ï‚· ï‚· ï‚· ï‚· ï‚· ï‚· ï‚· 2. Appearances etc ï‚· ï‚· ï‚· ï‚· ï‚· ï‚· 3. Further and better particulars Counterclaim Defence to counterclaim Contribution notice Third party notice Amended pleadings Book of pleadings Appearance Conditional appearance Appearance to counterclaim Notice of acting Notice of ceasing to act Notice of change of address for service Concluded interlocutory applications ï‚· Summonses which have been dealt with (Note: affidavits in support of summonses which have been dealt with are to be referred to the Master or Registrar for determination) 4. Listing of matters ï‚· ï‚· ï‚· ï‚· ï‚· 5. Transcript ï‚· ï‚· ï‚· ï‚· 6. Certificate of readiness Counsel’s certificate Subpoena Notice of dispute Notice to admit Transcript of proceedings in open court Report of listing Report of callover List of exhibits Directions/orders ï‚· ï‚· ï‚· ï‚· Notices under Rule 48 Minutes of order Orders Judgments 33 Supreme Court (cont) ï‚· ï‚· ï‚· ï‚· Reasons for judgment Rulings Certificate of Master Terms of settlement 7. Notices of appeal 8. Execution ï‚· ï‚· 9. Warrant of Seizure and Sale Warrant of Possession Miscellaneous ï‚· ï‚· Affidavit of service Notice of discontinuance The following documents are not available for public search: 1. Current interlocutory applications ï‚· ï‚· 2. Discovery ï‚· ï‚· 3. Interlocutory summonses which have not been dealt with or have been adjourned Affidavits in support of interlocutory summonses or which have not been dealt with or have been adjourned Lists of documents Notice to produce Interrogation ï‚· ï‚· Interrogatories (Answers to interrogatories to be referred to the Master or Registrar for determination) 4. Any document the court orders remain confidential 5. Any evidentiary material that has not been received into evidence The Hon Justice Martin Chief Justice 31 January 2001 34 Supreme Court (cont) 28. Practice Direction No 14/2001 Re: After Hours Duty Judge Practice Direction No 1/99 is rescinded. A regular system for contacting Judges for urgent matters out of normal court hours is in place. Initial contact is to be made by the party seeking to bring a matter before a Judge by telephone call to 0401 115 454. The telephone will be held either by the Sheriff or the Registrar. Details of the nature of the application and reasons for urgency are to be given to the Sheriff or Registrar who will then contact the Judge on duty. The Judge will give appropriate directions. The Hon Justice Martin Chief Justice 6 March 2001 29. Practice Direction No 15/2001 re: Sittings at Oenpelli I, Brian Frank Martin, Chief Justice of the Supreme Court of the Northern Territory of Australia, pursuant to Section 13(2) of the Supreme Court Act, direct that the Supreme Court shall have power to sit and act at any time at Oenpelli in the Northern Territory for the transaction of any part of the business of the Court, or for the discharge of any duty which by any law in force in the Territory is required to be discharged. The Hon Justice Martin Chief Justice 15 May 2001 35 MASTER'S MEMORANDA 1. Memorandum to all Practitioners No 2/93 Re: Bills of costs - winding up orders I am attempting to simplify the taxation of straight-forward bills of costs in proceedings for the winding up of a company following the making of an order for winding up. On average, not taking into account the costs of preparing an itemised bill for taxation in such a proceeding and the cost of disbursements, a bill averages out at the sum of $1,700.00. * Accordingly, a practitioner will now have the option of accepting a composite fee for his or her professional costs in such a bill or, where satisfied that the work done exceeds that sum, submit for taxation a fully itemised bill in the usual way. Where the court has allowed or reserved the costs of an adjournment, the composite fee bill may include an additional fee of $140.00 * for each such adjournment. The manner of exercising the first option will be to submit a bill, titled in the proceeding, following the attached example. Such a bill, endorsed with a notation that the liquidator may, by notice in writing given to the Registrar no later than 8 days after the service of the bill, object to the bill in that form, must be served on the liquidator no later than 10 days before it is filed. The Registrar will notify the solicitor presenting the bill of the fact that a liquidator has lodged an objection. No further action will then be taken on the composite bill which will be disregarded as a bill of costs for taxation. On the filing of a composite fee bill, endorsed as shown and accompanied by photocopies of the accounts and receipts (or the like) for disbursements, the bill, if there is no objection from the liquidator, will be allowed without the need for anyone to attend on the taxation. It should be noted that the composite fee takes into account service of all documents by the solicitor's clerk so that a fee for service in the disbursements will not be allowed. If a solicitor opts not to accept the composite fee, then he or she is free to produce the usual bill which will be dealt with in the usual way. This will also be required where a liquidator objects to the composite form bill. The usual taxing fee of 7.5% of the total of costs and disbursements allowed will apply to a composite fee bill. # A form of order in triplicate (see sample attached) should accompany the bill. Subject to there being no objection received from the liquidator, the order will be authenticated and sealed and, upon payment of the taxing fee, copies made available to the solicitor for service. Master 15 July 1993 * See increase in fee - page 61 of this publication # See amendments to Regulations page 70 of this publication 36 Supreme Court – Master and Registrar’s Memoranda (cont) IN THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA AT DARWIN No of 2001 ( ) BETWEEN: (name) Plaintiff AND: (name) Defendant BILL OF COSTS 1. Plaintiff's bill of costs on composite fee basis 2. (where applicable) Costs on adjournment on (date) allowed (or reserved) by the Court on (date)(allow 10 units at current rate eg $14.00 x 10) 3. $1,700.00 $ 140.00 Plus disbursementsa) b) c) d) e) f) g) Search fees at ASC x 2 Photocopying fee at ASC 2.00 Filing fee at Supreme Court 1st advertisement - NT News 2nd advertisement - NT News 1st advertisement - NT Gazette 2nd advertisement - NT Gazette 12.00 150.00 86.90 115.70 36.30 33.30 436.20 _________________ $2,276.20 4. Plus 7.5% taxing fee on total costs and disbursements 170.70 _________________ 5. Order for costs $2,446.90 _________________ 37 Supreme Court – Master and Registrar’s Memoranda (cont) TO:: (name of Liquidator) (address) 1. The plaintiff in this proceeding has elected to avail himself (or as the case may be) of the composite fee for costs of winding up the company. 2. TAKE NOTICE that 10 days after service on you of this bill, the plaintiff intends to file a copy of the bill at the Supreme Court for an order for costs as shown above. You may, by notice in writing given to the Taxing Master within 8 days of this service on you, object to the bill in this form. AND TO: THE TAXING MASTER This bill of costs was served on the liquidator on (here insert date) ................................................... (signature of solicitor) ................................................. (date) * See page 61 of this publication for increase in fees NOTE: THIS IS A SAMPLE BILL OF COSTS ONLY AND IS NOT TO BE REGARDED AS A PRECEDENT. 38 Supreme Court – Master and Registrar’s Memoranda (cont) IN THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA AT DARWIN No ( of 2001 ) BETWEEN: (Name) Plaintiff AND: (Name) Defendant ORDER TAXING MASTER: (leave blank) DATE MADE: (leave blank) ORIGINATING PROCESS: Summons for winding up filed (date) HOW OBTAINED: Application for order for costs APPEARANCE: Nil OTHER MATTERS: Noting that the Liquidator has indicated that he has no objection to the bill - THE COURT ORDERS THAT: The plaintiff's costs be allowed in the sum of $ (total amount) DATE AUTHENTICATED: REGISTRAR 39 Supreme Court – Master and Registrar’s Memoranda (cont) 2. Memorandum to all Legal Practitioners 3/93 Re: Bills of costs -winding up orders – appointment of Provisional Liquidator Following my recent memo and attachments concerning the above I have been requested to extend the winding up composite fee to include, where relevant, the appointment of a provisional liquidator. Without disbursements, the costs of preparing an itemised bill, the costs of taxation and with no adjournments, in a case where a provisional liquidator has been appointed, the costs of having a provisional liquidator appointed averages out at $750.00. * Accordingly, a practitioner will now have the option of accepting a further composite fee of $750.00 * in cases of this kind. An additional fee of $140.00* for each adjournment where the court has allowed or reserved costs will apply. The usual taxing fee of 7.5% of the total of costs and disbursement allowed will also apply. The forms circulated with my recent memo, with any necessary modifications in wording, should be used. # Master 29 July 1993 * See Increases in fee to 1/1/2001 shown on page 61 of this publication # See amendments to regulations page 70 of this publication 3. Memorandum to all Official Liquidators (NT) ("A" & "B" Lists) and to all Legal Practitioners-1A/94 re: Application for determination of Liquidators' remuneration by the Court Section 473 of the Corporations Law provides for the determination of remuneration payable to a Liquidator. Sub-section 473(3) provides that that determination is to be: "(a) if there is a committee of inspection - by agreement between the liquidator and the committee of inspection; or (b) if there is no committee of inspection or the liquidator and the committee of inspection have failed to agree: (i) by resolution of the creditors; or (ii) if no such resolution is passed - by the Court." The court's jurisdiction may only be invoked if there is no agreement as provided in sub-section (3)(a) or no resolution of the creditors is passed as provided by subsection 3(b)(i). (See Re Interchase Corp Ltd (in Prov Liq) 117 ALR 267). This does not apply to Provisional Liquidators. (See Deputy Commissioner of Taxation v Muswellbrook Engineering Pty Ltd (1992) 10 ACLC 1580) 40 Supreme Court – Master and Registrar’s Memoranda (cont) An application for determination of remuneration should contain evidence as to whether or not there was a committee of inspection, and if so, the failure to obtain its agreement, and as to the failure to obtain a resolution at a meeting of creditors. Terence Coulehan Master 26 April 1994 4. Memorandum to all Legal Practitioners No 1/00 Relying on advice now given me by the Northern Territory Treasury Corporation, I advise that from 1 July 2000 interest on judgment debts (see Order 59.02(3)), will be at the rate of 6.17%. Previous years interest rates are shown at page 66* of the Law Almanac 2000 Terence Coulehan Master 4 July 2000 * see page 63 this publication 41 Supreme Court – Master and Registrar’s Memoranda (cont) REGISTRAR’S MEMORANDA Re: Orders for transfer of proceedings to Local Court Please note that, in future, the Registry will prepare and authenticate orders for transfer of proceedings to the Local Court. There is therefore no need for practitioners to extract such orders. The Registry hand-delivers the Supreme Court file to the Local Court, as soon as an order has been made. Registrar 1 June 1993 2. Re: Evidence of work done - Official Liquidators' Remuneration Following the liquidation of a company, a liquidator often applies to the court pursuant to section 473 of the Corporations Law for approval of fees. An application under section 473 is usually referred by the Master to the Registrar for a report. It is my practice, as Registrar, to examine an application (ie the affidavit of the liquidator with evidence of the work done annexed) and to prepare a report which includes the following statement (if correct): "On the evidence available to me, I am satisfied that the work carried out by the liquidator and his/her staff was both reasonable and necessary." To assist me in deciding whether work done was "both reasonable and necessary", I will in future require a liquidator to swear that it was. In future, therefore, a liquidator's affidavit should contain a statement to the effect that all the work claimed for was both reasonable and necessary in the liquidation. I will not be recommending payment of fees and disbursement, unless this requirement is complied with. Registrar 12 July 1993 3. re: De Facto Relationships Act 1991 I refer practitioners to the unreported decision of Kearney J in the matter of Phelts v Denny dated 6 October 1994, in which his Honour held that proceedings in the Supreme Court for the relief mentioned in section 4 of the De Facto Relationships Act 1991 must be commenced by originating motion. Accordingly, the practice of this Court will be to require that such proceedings be commenced by originating motion. Margaret Rischbieth Acting Registrar 27 October 1994 42 Supreme Court – Master and Registrar’s Memoranda (cont) 4. re: Consent orders The form of consent order distributed on 25 September 1995 has been further amended. Please use the attached form where the order is to be signed by the Master pursuant to Order 77 of the Supreme Court Rules. Margaret Rischbieth Registrar 4 December 1995 IN THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA AT DARWIN No ( of 2001 ) BETWEEN: (name) Plaintiff AND: (name) Defendant CONSENT ORDER MASTER: Coulehan DATE MADE: (leave blank) ORIGINATING PROCESS: Writ (or as the case may be) filed (date) HOW OBTAINED: By consent of the parties THE COURT ORDERS THAT: ............................................................ MASTER (continue on a new page) 43 Supreme Court – Master and Registrar’s Memoranda (cont) -2- The plaintiff (or the defendant, as the case may be) applies to the Master under Rule 77.01(2)(b) of the Supreme Court Rules to make an order in the terms set out above/attached. ................................................................... (name and capacity of the person signing) (date) The defendant (or the plaintiff, as the case may be) consents to this order being made. .................................................................. (name and capacity of the person signing) (date) 44 Supreme Court – Master and Registrar’s Memoranda (cont) 5. re: Payment of $250 upon setting a matter down for hearing I refer to the Master’s memorandum No 3/94# I refer also to the Supreme Court Regulations which provide for the payment of $250.00* upon a matter being set down for hearing. Please note that the Court will require payment of this sum upon the setting down of all matters for hearing in the Supreme Court as from 1 January 1996. Previously the Court has insisted upon payment of this sum only for matters originated by writ. Margaret Rischbieth Registrar 13 December 1995 # * repealed increase in fee to $500.00 from 1/7/98 6. re: Default judgment for debt This memorandum replaces the former memoranda of the Deputy Master dated 23 September 1988 and of the Acting Registrar dated 27 October 1994. A default judgment for debt (Form 60G) shall contain only 2 sets of figures – 1. the gross amount of the debt, which will include interest if applicable R 21.03(1)(a)); and 2. the total amount of costs (R 63.08(2)). Where interest is to be included in the default judgment, a letter to the Registrar is to be provided detailing how the gross sum of the judgment debt is calculated (including the number of days claimed). Interest should be calculated from the date of commencement of the proceeding to the date when the default judgment is filed in the Registry. Where costs are claimed, a breakdown of those costs are also to be included in the covering letter and, if service fees are claimed, a copy of the receipt for payment of those fees is to be attached. If the service fee exceeds $75.00 (for 2 attempts), an explanation as to why the greater amount is reasonable should be included. Any default judgment which does not comply with this memorandum, and with the Rules (eg requirements for affidavits proving service of the Writ on the defendant or the default of filing a defence), will be rejected. Jenni Daniel-Yee A/Registrar 27 May 1999 45 Supreme Court – Master and Registrar’s Memoranda (cont) 7. re: Interlocutory applications – Alice Springs and Katherine ALICE SPRINGS I refer to the Chief Justice’s Practice Direction No 1/94* that interlocutory applications in Alice Springs are ordinarily to be heard by a Judge or the Master in Darwin, if necessary by teleconferencing, and advise the following procedures: Alice Springs practitioners filing interlocutory applications by summons (Form 46A) together with any supporting affidavits at the Alice Springs Registry, shall advise by covering letter that the interlocutory application is to be conducted by teleconference between Alice Springs and Darwin. The Supreme Court Clerk at the Alice Springs Registry will issue the summons, after liaising with the Alice Springs List Clerk and the Darwin Sheriff’s office – . if the application is to be heard by a Judge, for 10.15 am on a Thursday . if the application is to be heard by the Master, for 2.00 pm on a Wednesday Sealed copies of the summons are returned to the filing party. The filed documents shall be sent to the Darwin registry by the Alice Springs registry in time for the hearing, together with the file if it is not already in Darwin for caseflow management purposes. If an Alice Springs practitioner is served with an interlocutory summons issued in Darwin and wants to attend by teleconference, the practitioner must so advise the applicant and the Darwin and Alice Springs’s List Clerks by fax as soon as possible. The parties, at the time and date given, must either attend the Alice Springs Court House, where they will be shown into a conference room with teleconference facilities, or if appearing by Darwin agent or Counsel, the Darwin Supreme Court. If the application is to be heard by a Judge at 10.15 am on a Thursday, the practitioner should await a call from Darwin when convenient to the judge. A practitioner may be requested to telephone the court at an appointed time. If the application is to be heard by the Master at 2.00 pm on a Wednesday, the applicant should ring 8999 7024 or 8999 7930 at the time given, for transfer to the relevant court. KATHERINE I refer to the Chief Justice’s Practice Direction No 1/96* that a Judge or the Master may conduct interlocutory applications between Darwin and Katherine by means of teleconferencing and advise the following procedure: Katherine practitioners filing interlocutory applications by summons (Form 46A) together with any supporting affidavits at the Darwin Registry by their Darwin agents, shall advise by covering letter that the interlocutory application is to be conducted by teleconference between Katherine and Darwin. 46 Supreme Court – Master and Registrar’s Memoranda (cont) . if the application is to be heard by a Judge, it will be issued for 10.15 am on a Thursday, after the List Clerk has liaised with the Katherine Court House for a suitable date . if the application is to be heard by the Master, the request and summons will be forwarded to the Master’s secretary who will liaise with the parties and with the Katherine Court House as to a suitable time and date for the application to be heard. The Master’s secretary will issue the summons and return sealed copies of the summons to the filing party. If a Katherine practitioner is served with an interlocutory summons issued in Darwin and wants to attend by teleconference, the practitioner must liaise with the Katherine Court and advise the applicant and the Darwin List Clerk by fax as soon as possible. The parties, at the time and date given, must either attend the Katherine Court House, where they will be shown into a conference room with teleconference facilities, or if appearing by Darwin agent or Counsel, the Darwin Supreme Court. If the application is to be heard by a Judge at 10.15 am on a Thursday, the practitioner should await a call from Darwin when convenient to the judge. A practitioner may be requested to telephone Darwin at an appointed time. If the application is to be heard by the Master, the applicant should ring 8999 7024 or 8999 7930 at the time given, for transfer to the relevant court. Jenni Daniel-Yee A/Registrar 18 June 1999 * repealed – see practice direction 1/2001 8. re: Taxation of Bills of costs– Alice Springs The weeks commencing 5 March 2001; 25 June 2001 and 29 October 2001 have been set aside for the taxation of costs at Alice Springs. Practitioners should file and serve applications in sufficient time to allow for a notice of objection as required by the Rules Margaret Rischbieth Registrar 15 November 2000 9. re: Certificates of good fame and character Please note that the Legal Practitioners Admission Board now requires that certificates of good fame and character, required to be filed pursuant to Rule 23 (1) (b) of the Legal Practitioners Rules to accompany an application for approval of Articles of Clerkship, must be provided from persons of standing in the community who have known the applicant for a period of at least 3 years. Margaret Rischbieth Secretary, Legal Practitioners Admission Board 16 May 2001 47 Supreme Court – Master and Registrar’s Memoranda (cont) 10. re: Return of subpoena prior to trial date Please note that part 2 of the Registrar’s Memorandum No 1 issued on 1 June 1993 with respect to return of subpoenas prior to trial date is hereby rescinded. Practitioners are referred to the unreported judgment of the Chief Justice in Mamone & Ors v Gagliardi & Ors (2000) NTSC 95, delivered on 30 November 2000. This judgment is available through the Supreme Court website as follows: www.nt.gov.au/ntsc/links.html via ScalePlus. Margaret Rischbieth Registrar 21 May 2001 48 SOLICITORS COSTS - TAXATION GUIDELINES 1. Basis of taxation On a taxation, a Taxing Master will allow a reasonable amount in respect of all costs reasonably incurred. The rules provide two bases of taxation, the standard basis and the indemnity basis (rule 63.25). When costs are taxed on the standard basis, the benefit of the doubt is given to the paying party. Where costs are taxed on the indemnity basis, the benefit of the doubt goes to the receiving party. 2. Procedure A person seeking taxation of a bill files a summons in the prescribed form (r63.36) and, at the same time, files a bill of costs. The summons is made returnable before a Taxing Master. The rules prescribe a time for service and for the lodging before taxation of a notice of objection. On the return date or any adjourned date, the bill is taxed and the Taxing Master states the result in the form of an order (rule 63.54). Where no notice of objection is filed, the Taxing Master retains a discretion "to tax the bill and allow or disallow the amount of costs in it in whole or in part" (rule 63.47). 3. Format of bill The bill should start with a narrative (as rule 63.40(2) indicates) setting out the issues. This narrative should be short and succinct. It should indicate the status of the fee-earner to assist the Taxing Master in considering the claims made in the bill. The rules provide that a bill be divided into 7 columns: (a) the first for the consecutive number of the items; (b) in the second, the dates of the items are to be set out chronologically; (c) the third is to contain sufficient details of each item to enable the other party and the Taxing Master to ascertain the nature of the attendance or correspondence for which the claim is made. It should also contain details of any claims for care and conduct and for waiting time. The individual amounts of the charges for each sub-heading should be set out and totalled in this column and those charges set out in a summary at the foot of the relevant part of the bill to which it applies; (d) the fourth is for the amounts claimed for disbursements; (e) the fifth is for the total amount claimed in each part of the bill for professional costs, care and conduct and waiting time in respect of each part of the bill; and 49 Solicitors costs variations to costs (cont) (f) the last two are for the Taxing Master to record the amounts taxed off, one column headed "disbursements taxed off" and the other "costs taxed off". A bill should divide the work claimed for into 6 parts, or as many as are relevant to the case in question (rule 63.40(3)): (a) (b) (c) (d) (e) (f) originating process; interlocutory applications; conferences; attendances at trial; preparation; and taxation. Rule 63.40(7) requires every bill lodged for taxation to be signed by the solicitor whose bill it is. Part (e) Preparation Preparation (rule 63.40 (5)(e)), deals with the work involved in prosecuting the proceeding or in defending it. It is for work otherwise not covered in the bill. It should itself be divided into 3 Parts Part A In this part, the work done and the amount claimed for it should be set out in separate sections as indicated in the definition of 'preparation' in rule 63.40(1). If necessary (as, for example, where there is more than 1 witness) these sections should be sub-divided. Each section or subsection should contain a breakdown of costs of the work included in it, and should have its own separate sub-total. At the foot of the last of these sections there should be a total Part A figure. Part B Any amount claimed for general care and conduct should be claimed for in this part and should be expressed as a percentage of the total Part A figure. Part B should include a short statement identifying those factors which are relied on in relation to the assessment of the claim for general care and conduct. Part C This part should contain any amount claimed for time engaged in travelling and waiting in connection with the work in Part A only. Details should be given showing to which portion of that work the claim or claims relate. At the foot of the last of these items there should be a total Part C figure. The section sub-totals and the totals of Parts A, B and C figures referred to above should be shown in the narrative column of the bill, ie the third column. The aggregate of those figures should be shown in the professional costs column, ie the fifth column. 50 Solicitors costs variations to costs (cont) 4. Charges The appropriate charge for an item of work is ascertained by reference either to the composite scale or to the time taken to perform the work (and, where appropriate, an allowance for care and conduct). A good deal of work which is chargeable is done by a solicitor's clerk. Work of this kind includes such things as making and answering simple telephone calls, filing, service, searching and tasks of that nature. Where a solicitor does work which is essentially clerk's work (ie no legal skill involved) he or she can claim only for clerk's time with no loading for care and conduct. Composite scale Part 3 of the Appendix to Order 63 comprises the composite scale. It covers letters, drawing and engrossing documents, telephone calls, marking annexures and copying. It differentiates between work requiring the application of legal skill and work not requiring such skill. It then provides a composite scale for specific aspects or parts of litigation such as work done relating to discovery, interrogatories and the like. The set charges vary each year for the percentage increase in the unit rate. Practitioners are not bound by the composite scale but, if they choose to, may charge for an item by reference to the time taken to perform the task. To be allowable, that charge must be for work reasonably done and time reasonably spent. If the reasonable charge does not exceed by 20% or more the relevant composite scale fee for that item, only the composite fee is allowable (Order 63, Appendix Part 3, Note 4A). Composite scale fee for winding up applications A composite scale fee has been determined for winding up applications. See Master's memoranda to practitioners dated 15 July 1993 page 36 of this publication. 5. Care and conduct In a bill of costs, a party may, where permissible, claim care and conduct. The Appendix defines two forms of care and conduct: specific and general. (Order 63 Appendix, Part 2, item 6). In exercising a discretion in relation to care and conduct (or any item in a bill where he or she has a discretion), the Taxing Master is required to have regard to the factors listed in rule 63.46(2). Specific care and conduct Specific care and conduct means the care and consideration needed to be given, and the conduct and skill needed to be applied by a solicitor directly in respect of a specific item of work performed by the solicitor. Specific care and conduct is expressed as a percentage of the amount claimed or allowed for the item in relation to which specific care and conduct is being claimed. Where a claim is made for specific care and conduct, a narrative should be included 51 Solicitors costs variations to costs (cont) to specify and identify those factors which are relied upon as justifying the care and conduct claimed. General care and conduct General care and conduct may be claimed in relation to the "preparation" part of the bill only. Part B of "preparation", general care and conduct, concerns the general care, conduct and skill applied by a solicitor in a proceeding as a whole, for which no direct time can be substantiated, and includes the general supervision of, and indirect responsibility for, the conduct of the proceeding. Thus, general care and conduct covers the imponderables for which no direct time can be substantiated. It is a percentage mark-up of the costs allowed for Part A, depending on the difficulty, responsibility and importance of the case to the client. As a percentage of the costs allowed for Part A, it provides a loading or up-lift on items which may have included in them specific care and conduct charges. General care and conduct can, therefore, involve a percentage on a percentage. 6. Travelling time Travelling time, where appropriate, will be allowed in respect of each item based on the solicitor's hourly rate. Waiting time will be similarly allowed, but neither travelling nor waiting time attracts an allowance for care and conduct. 7. Letters and telephone calls For letters and telephone calls, a minimum of one unit applies. A solicitor is free, in the case of a letter, to adopt item 1 of the Composite Scale, or, in the case of a telephone call, to adopt item 4 of that scale. The solicitor is also free to base a charge on the time involved in producing the letter or making the telephone call and charge accordingly on the relevant rate. The 6 minute unit for a letter includes perusing and considering incoming letters. Therefore, no separate charge is allowable for incoming letters - see paragraph 6 of Part 1 of the Appendix. For a Taxing Master to allow a sum larger than the Composite Scale provides, the charge must be based on the actual time involved for letters of substance and for telephone calls which properly amount to attendances. Details of the work done must be provided by the solicitor and time records produced. 8. Service of process Service of an originating process is properly a part of the bill to which rule 63.40(5)(a) refers. If it is proper for service of a process (other than an originating process) to be effected by a solicitor or clerk, a relevant chargeable item should be shown in the bill under the appropriate heading in relation to which that work was done. 52 Solicitors costs variations to costs (cont) If service is effected by a process server or by a solicitor's agent, the process server's or the agent's charges should be shown as a disbursement. (This paragraph does not apply to subpoenas). 9. Conduct money Conduct money and other expenses paid to witnesses who attend a trial or hearing should be shown as part of the expenses claimed against those witnesses at the trial or hearing, (ie under the matters covered by rule 63.40(5)(d)) and not included in the bill at the date of service of a subpoena. Where a witness does not attend the trial or hearing, conduct money paid and not recoverable should be shown at the date of service of the subpoena. Work properly done by a solicitor or solicitor's clerk in connection with the preparation, filing and service of a subpoena is part of "preparation" - see paragraphs (b) and (c) in the definition in rule 63.40(1). 10. Witness fees Witness fees are at large and are allowed on the basis of what is reasonable (r63.32(3)). 11. Time records Correctly kept and detailed time records will be helpful in support of a bill, if they explain the nature of the work as well as recording the time involved. The absence of these records may result in the disallowance or diminution of the charges claimed. Time records cannot, however, be accepted as conclusive evidence that the time recorded either has been spent, or, if spent, is reasonably chargeable. Accounts must be produced for all payments claimed (other than stamp duty on the court documents or ordinary out-of-pocket disbursements) whether or not these payments have later to be vouched. In the case of substantial witness expenses and professional fees, (other than fees to counsel or medical experts), the account must be accompanied by details showing the work done and the computation of the charge. Copies of these details should be annexed to the copy bill served on the paying party. Failure to comply with this requirement will delay the taxation and may result in a reduction or a disallowance of the costs allowable on taxation. 12. Travelling expenses Where travelling expenses are claimed, they should be shown as a disbursement and details supplied. Local travelling expenses will not be allowed. The meaning of "local" is a matter for the discretion of a Taxing Master. While no absolute rule can be laid down, as a matter of guidance, in a proceeding in Darwin or in Alice Springs, "local" will be taken to mean "within a radius of 50 kilometres from the office of the relevant Registry." 53 Solicitors costs variations to costs (cont) 13. Postage etc The cost of postage, outgoing telephone calls and facsimile messages is, in general, part of the solicitor's normal overhead expenses and must not be claimed in a bill. The Taxing Master may, in his or her discretion, allow it as a disbursement in unusual circumstances, or where the cost is so unusually heavy that the solicitor could not reasonably be supposed to have taken it into account as part of normal overheads. 14. Agency Where the agent is an interstate solicitor, rule 63.42 must be complied with. It would assist the Taxing Master if a copy of the relevant interstate costs scale were attached to the agent's bill. Agency charges for advising the principal how to proceed are not recoverable on the standard basis of taxation. 15. Part (f) - Taxation No details of the work done need be provided for the matters covered by rule 63.40(5)(f), but on taxation the party entitled to the costs must justify the amount claimed. Drawing a bill of costs is a chargeable attendance under the rules. Charges paid to an agent or cost consultant to prepare a bill for taxation will not be allowed. When bills are lodged for taxation, the relevant papers should be available to the Taxing Master. Failure to observe this requirement can substantially increase the time and expense of the taxation process and may result in the bill being refused or disallowed. For the purpose of this paragraph, "relevant papers" are : (1) where – (a) costs are to be taxed pursuant to a judgment or order of this Court - the judgment or order duly authenticated; (b) the entitlement to have costs taxed arose by virtue of a direction given by the court - that direction; (c) a party is entitled to have costs taxed under the Supreme Court Rules the relevant order made or notice given or a copy of the amended pleading (as the case may be); (d) a person entitled to have taxed costs payable under an arbitration – the original or a certified copy of the award; and (e) a party is entitled to have taxed costs payable under an order, award or determination of a tribunal or other body constituted by or under an Act the original or a certified copy of the order, award or determination (as the case may be); and 54 Solicitors costs variations to costs (cont) (2) Unless the Taxing Master otherwise orders, the papers and vouchers specified below in the order mentioned (a) unless the relevant information is included in the judgment or order, or the parties have agreed the time of the hearings, a certificate of those times or a copy of the associate's report of listing; (b) a bundle comprising fee notes of counsel and accounts for other disbursements; (c) one complete set of pleadings arranged in chronological order, with any interlocutory summonses and lists of documents annexed to it; (d) brief to counsel to advise with counsel's advice and opinions, and instructions to counsel to settle documents and briefs to counsel with enclosures, arranged in chronological order; (e) reports and opinions of medical and other experts arranged in chronological order; (f) the solicitor's correspondence and attendance notes; and (g) any other relevant papers duly bundled and labelled. The Taxing Master may require a party seeking taxation of a bill to deposit with the Taxing Master before the taxation any of the relevant papers referred to in paragraph (2) above. 16. Reconsideration and review A party dissatisfied or aggrieved with a ruling of the Taxing Master may apply to the Taxing Master to reconsider. The rules prescribe the procedure (r63.55). A request for reconsideration must be made within 14 days after the date of the decision to which it relates. A final order for costs will not be signed by the Taxing Master until the 14 day period has expired. Any party dissatisfied with the decision of the Taxing Master following a reconsideration may apply to a Judge for review (r63.55(11)). November 1993 55 VARIATION TO SCALE APPLICABLE UNDER APPENDIX TO ORDER 63 OF THE SUPREME COURT RULES (Subject to review on 31/12/2001) Part 3 – Composite Scale Item Matter in respect of which charge is made 1988/89 1. Letters $ (a) special (b) ordinary (c) circular 2. 3. Drawing and engrossing (a) court document (i) requiring skill (ii) using form or standard document or in case of a standard form of judgment, order, or the like (b) other (i) requiring skill (ii) not requiring skill Engrossing a document drawn by someone other than solicitor making the charge -per unit 1990 $ 1991/2 $ 1993 $ 1994/5 $ 1996/8 $ 1999 $ 1/1/00/ 5/4/01/ $ From 6/4/2001 $ 56 34 6 61 37 7 66 40 7 71 43 7 73 46 8 76 54 8 79 56 8 82 59 9 86 61 9 62 34 68 37 72 37 78 40 80 41 85 46 90 48 92 50 96 52 17 12 19 13 20 13 22 14 23 16 23 16 24 16 25 18 26 18 6 7 7 7 8 8 8 9 9 56 Solicitors costs variations to costs (cont) 4. Telephone calls (a) requiring skill (b) not requiring skill 1988/89 1990 1991/2 1993 1994/5 1996/8 1999 1/1/2000/ From 5/4/20010/ 6/4/2001 $ $ $ $ $ $ $ $ $ 11 6 12 7 13 7 14 7 14 8 15 8 16 8 16 9 17 9 5. Marking annexures, exhibits, enclosing notices of appointment and the like - per unit 6 7 7 7 8 8 8 9 9 6. Copying - per unit 6 7 7 7 8 8 8 9 9 7. Instructions to sue to notice of trial 780 851 922 993 1023 1064 1134 1170 1205 8. Instructions to defend to notice of trial 565 616 667 718 740 770 822 848 873 9. Application in a proceeding (a) contested (b) uncontested 500 400 545 436 590 472 635 508 654 524 682 545 727 582 750 600 773 618 10. Requiring discovery and inspection 300 327 354 381 393 409 436 450 464 11. Providing discovery and inspection 225 245 265 285 294 307 327 338 348 12. Seeking answers to interrogatories 345 376 407 438 451 470 502 518 533 57 Solicitors costs variations to costs (cont) 13. 1988/89 1990 1991/2 1993 1994/5 1996/8 1999 $ 365 $ 390 $ 422 $ 454 $ 468 $ 498 $ 531 300 327 365 393 405 409 436 Furnishing answers to interrogatories 1/1/2000/ From 5/4/20010/ 6/4/2001 $ $ 548 564 Part 4 – Fixed costs Basic costs Item Matter in respect of which charge is made 1. Costs to be claimed on writ 450 464 In addition, stamp duty paid on filing the writ and on relevant copies or fees payable under Item 1 of that part of the Schedule to the Supreme Court Regulations referring to fees payable "In respect of all other proceedings in the Supreme Court" 2 Costs on judgment in default of appearance (a) where writ served by post 400 436 472 508 (b) where writ served by solicitor's 450 491 532 573 clerk (c) where writ served by person 400 436 472 508 other than solicitor's clerk In addition (d) where more than one 10 11 12 13 defendant for each (e) the cost of stamp duty paid on filing the writ and on relevant copies or fees payable under Item 1 of that part of the Schedule to the Supreme Court Regulations referring to fees payable "In respect of all other proceedings in the Supreme Court" writ and on relevant copies (f) where (c) applies, a reasonable amount paid for service 58 524 591 545 614 582 655 600 675 618 695 524 545 582 600 618 13 15 16 16 17 Solicitors costs variations to costs (cont) 1988/89 1990 1991/2 1993 1994/5 1996/8 1999 $ $ $ $ $ $ $ 59 1/1/2000/ From 5/4/20010/ 6/4/2001 $ $ Solicitors costs variations to costs (cont) Additional costs Item 3 Matter in respect of which charge is made In addition to costs payable under item 2 (a) costs in default of defence 50 55 60 (b) where service out of the jurisdiction is ordered and effected (i) in the case of service in the 150 164 178 Commonwealth (ii)in the case of service overseas 200 218 236 (c) where substituted service is ordered and effected (i) on only defendant 400 436 472 (ii) where more than one defendant 50 55 60 so served in respect of each defendant so served 65 67 68 73 75 77 192 198 205 218 225 232 254 262 273 291 300 309 508 65 524 67 545 68 582 73 600 75 618 77 and in addition (iii) the reasonable fees incurred for any advertising required under an order for substituted service; and (d) where a judgment is registered under the Service and Execution of Process Act of the Commonwealth - for costs of registration 100 109 118 127 131 137 145 150 155 (e) where leave to proceed is given under the Service and Execution of Process Act or under R 7.0 of the Supreme Court Rules - on entry of judgment 300 327 354 381 393 409 436 450 464 60 Solicitors costs variations to costs (cont) Composite fees for winding up of companies From 15/7/93 1/1/94 1/1/96 1/1/99 1/1/005/4/01 From 6/4/01 $1,700 $1,800 $1,900 1,950 $ 1,975 $ 2,057 $ 750 $ 800 $ 800 $ 850 $ 875 $ 918 Composite fee for winding up order (not including disbursements) Composite fee for appointment of provisional liquidator (not including disbursements and additional to the above) Solicitors Costs - Rate per unit The rates per unit applicable under paragraph 3 of Part 1 of the Appendix to the Supreme Court costs rules are as follows : From 1 January 1988/89 1990 1991/2 1993 1994/5 1996/8 1999 $ 20005/4/01 $ From 6/4/01 $ $ $ $ $ $ $ 1. For a solicitor- 11 12 13 14 14 15 16 16 17 2. For his clerk- 6 7 7 7 8 8 8 9 9 61 Solicitors costs variations to costs (cont) 62 Interest rates on judgment debts (Order 59.02(3) of the Supreme Court Rules) The applicable rates of interest from 1 September 1987 are as shown hereunder: 1/9/1987 to 30/6/1988 1/7/1988 to 30/6/1989 1/7/1989 to 30/6/1990 1/7/1990 to 30/6/1991 1/7/1991 to 30/6/1992 1/7/1992 to 30/6/1993 1/7/1993 to 30/6/1994 1/7/1994 to 30/6/1995 1/7/1995 to 30/6/1996 1/7/1996 to 30/6/1997 1/7/1997 to 30/6/1998 1/7/1998 to 30/6/1999 1/7/1999 to 30/6/2000 1/7/2000 to 30/6/2001 12.76% per annum 11.84% 13.5% 13.39% 11.05% 8.85% 7.4% 9.67% 9.21% 8.8% 7.06% 5.55% 6.14% 6.17% 63 COUNSEL'S FEES - GUIDELINES TO TAXATION OF COSTS AND SUPPLEMENTARY RULES The following guidelines apply in respect of work done on or after 16 May 1988. These guidelines apply only to members of the independent bar. As a general rule, where counsel briefed is a member of a firm, the following should be noted (1) where Counsel is briefed by himself, the rate allowed to counsel will be 3/4 of the rate allowed to the independent bar calculated to the nearest dollar; and (2) where counsel is briefed by a member of the same firm in which he is employed, the rate allowed will be 5/6 of the rate allowed to counsel at the independent bar. (See Rule 63.73 of the Supreme Court Rules) These guidelines do not fetter the discretion of the Taxing Master to allow a higher or lower rate in an appropriate case. The two-third rule does not apply to junior counsel who shall be entitled to charge a proper fee which may be more or less than two-thirds of the fee for senior counsel. The rule that refreshers are allowed at two-thirds of the brief fee no longer applies. Rates for appearances in Court are calculated at a calendar daily rate. Preparation time previously reflected in the fee on brief and refresher rates is now allowed for separately. The full daily rate will include the following (1) (2) (3) attendance in Court during the hearing in excess of 2 1/2 hours; short conferences before or after the hearing, or during the luncheon or other adjournments; and work done outside of hearing time on that day including perusing transcript, preparing oral addresses, legal research and normal work for the continuance of the hearing. Preparation time involved prior to the commencement of the hearing is allowed at a calendar daily rate and will include (1) (2) reasonable reading time and legal research time; and preparation of chronologies, list of authorities, written submissions or outlines of written submissions (where reasonably necessary). Conferences will be allowed where it is reasonable for a conference to have taken place, either by Counsel, or by instructing solicitor. Where a conference has occurred but could have, or should have, been avoided or reduced in time had the witnesses concerned been adequately proofed by the instructing solicitor, counsel's fees will be allowed at instructing solicitor's rates, and no allowance or a reduced allowance will be made on the solicitor's bill for such conferences. It is generally accepted that a conference or conferences will be allowed to counsel where the witness is 64 Supreme Court - Counsel's Fees - Guidelines Cont) (1) (2) (3) the lay client; a witness of substantial importance to the case including an expert witness; and from interstate or from a place remote from the solicitor's office and it was not reasonable or practicable for the witness to be proofed by the solicitor before trial commences. Conferences of the kind referred to above held during a day when a fee at the daily rate has been allowed will not normally be allowed unless the conference was lengthy and would have been allowed for separately if it had occurred prior to trial, and will not be allowed at all where the Taxing Master considers that the counsel has been adequately remunerated by the daily rate for that day. Where waiting or travelling time is reasonably incurred and is not part of the brief fee or refresher fee, that time will be allowed (up to a maximum of 5 hours per day) at a rate per hour equal to 15% of the daily rate. These guidelines are to be read subject to Order 63 of the Supreme Court Rules. Where the counsel has been engaged to appear in a matter which is expected to last longer than 2 days and the matter is settled before trial or before the completion of the hearing, the Taxing Master may, in an appropriate case and where it is considered reasonable to do so, allow a fee to counsel for having kept time set aside for the trial of the matter. As a general guide, if a matter is settled a month or more before trial, no allowance will be made. A fee commensurate with the daily rate will be allowed, sufficient to reward counsel for the need to refresh his memory if the case is interrupted by lengthy adjournments. In deciding upon a rate within a range, the Taxing Master will usually have regard to the standing of counsel involved, and the fees reasonably charged by counsel in matters of a similar kind. For the range itself to be applicable it is assumed (1) that the case is of ordinary complexity for the category of counsel concerned; (2) that the amount involved, (where applicable), is neither significantly above nor below the normal range of Supreme Court matters for the category of counsel concerned; (3) that there has been no interlocutory or other work done which has significantly reduced the work otherwise necessary in relation to the brief; and (4) that there was no real possibility that counsel would be called upon to argue on behalf of a party not represented at the hearing. Where the rate per unit for solicitors' fees fixed under Part 1 of the Appendix to Order 63 of the Supreme Court Rules is varied, the rates published in these guidelines shall be adjusted pro tanto in accordance with the percentage by which the rate per unit has been adjusted, (rounded off to the nearest $10), such adjustments to take effect as and from the same date as the Chief Justice fixes for any adjustment to the rate per unit for solicitors fees. Master 65 Supreme Court – Counsel’s fees (cont) COUNSEL FEES 1. Court preparation and conferences From 1. 1/1/97 1/1/99 6/4/01 $160.00 $250.00 $400.00 170.00 270.00 430.00 180.00 280.00 450.00 $ 1,120.00 $ 1,750.00 $ 2,800.00 1,190.00 1,860.00 2,980.00 1,270.00 1,980.00 3,170.00 $ 480.00 $ 750.00 $ 1,200.00 510.00 780.00 1,280.00 540.00 850.00 1,360.00 $ $ $ 260.00 400.00 640.00 Per hour Up to Junior Senior Junior Senior 2. Per day Up to Junior Senior Junior Senior 3. Opinions Up to Junior Senior Junior Senior 4. Drawing or Settling Up to Junior Senior Junior Senior 66 240.00 375.00 600.00 270.00 430.00 680.00 Supreme Court - Counsel’s fees (Cont) FEES ON BRIEF AND REFRESHER FEES (TRIALS) (effective to 3012/1996 only - for 1997/8 rates see previous page) JUNIOR COUNSEL From 16/5/88 $ From 1/1/90 $ From 1/1/91 $ From 1/1/93 $ 1/1/96 to 31/12/96 $ 500-700 250-350 550-760 270-380 600-820 290-410 650-880 310-440 690-940 330-470 250-350 270-380 290-410 310-440 330-470 500-700 550-760 600-820 650-880 690-940 Conferences (not included in preparation time or daily rate) per hour 100-120 110-130 120-140 130-150 140-160 110-130 120-140 130-150 140-160 100-120 110-130 120-140 240-360 260-390 280-420 600-820 650-880 690-940 200-250 220-270 240-290 260-310 Such fees as the Taxing Master considers reasonable. 280-420 per day part of day (2 1/2 hours or less) Preparation time (a) where the time involved is less than 6 hrs (b) per day Brief to hear judgment where it is reasonable that Counsel should attend per hour 100-120 If more than 2 1/2 hours, at daily rates. Interlocutory applications (where certified fit for counsel) (a) short matters (1 hour) 80-100 90-110 or less (b) longer than 1 hour but 200-300 220-330 not longer than 1/2 day; or (c) per day 500-700 550-760 Opinions (a) basic (b) complex Written submissions (where not included in preparation time) An allowance having regard to the complexity of the matter and the time taken in preparation of written submissions may be allowed where it is reasonable to prepare written submissions based on the daily rate for fee on brief/refreshers. Drawing or settling documents including pleadings, affidavits and notices of appeal (a) basic 100-150 110-160 120-170 130-180 (b) complex Such fee as the Taxing Master considers reasonable. (Fees to senior counsel will be allowed only where it is proper to do so). Appeals and applications for leave to appeal 67 140-190 Supreme Court - Counsel’s fees (Cont) (a) where the appeal or application takes half a day or less (b) per day From 16/5/88 $ 250-350 From 1/1/90 $ 270-380 From 1/1/91 $ 290-410 From 1/1/93 $ 310-440 1/1/96 to 31/12/96 $ 330-470 500-700 550-760 600-820 650-880 690-940 870-1090 440-550 940-1180 480-600 1010-1270 520-650 1080-1350 550-690 400-500 440-550 480-600 520-650 550-690 800-1000 870-1090 940-1180 1010-1270 1080-1350 170-190 180-200 SENIOR/JUNIOR COUNSEL per day 800-1000 part of day (2 1/2 hours) 400-500 or less) Preparation time (a) where the time involved is less than 6 hrs (b) per day Conferences (not included in preparation time or daily rate) per hour 140-160 150-170 160-180 Brief to hear judgment where it is reasonable that Counsel should attend per hour 140-160 150-170 160-180 170-190 If more than 2 1/2 hours, at daily rates. Interlocutory matters (where certified fit for counsel) (a) short matters (1 hour) 120-140 130-150 140-160 or less (b) longer than 1 hour but not longer than 1/2 day; or 350-445 380-490 410-530 (c) per day 800-1000 870-1090 940-1180 180-200 150-170 160-180 440-570 1010-1270 470-610 1080-1350 Opinions (a) basic 250-450 270-490 290-530 310-570 330-610 (b) complex Such fees as the Taxing Master considers reasonable. Written submissions (where not included in preparation time) An allowance having regard to the complexity of the matter and the time taken in preparation of written submissions may be allowed where it is reasonable to prepare written submissions based on the daily rate for fee on brief/refreshers. Drawing or settling documents including pleadings, affidavits and notices of appeal (a) basic 150-250 160-270 170-290 180-310 190-330 (b) complex Such fee as the Taxing Officer considers reasonable. (Fees to senior counsel will be allowed only where it is proper to do so). Appeals and applications for leave to appeal (a) where the appeal or application takes half a day or less 400-500 440-550 (b) per day 800-1000 870-1090 68 480-610 940-1180 520-660 1010-1270 550-700 1080-350 Supreme Court - Counsel’s fees (Cont) From 16/5/88 $ From 1/1/90 $ From 1/1/91 $ From 1/1/93 $ 1/1/96 to 31/12/96 $ 1500-2000 750-1000 1640-2180 820-1090 1780-2360 890-1180 1920-2540 960-1270 2050-2710 1020-1350 750-900 820-980 890-1180 960-1270 1020-1350 1500-2000 1640-2180 1780-2360 1920-2540 2050-2710 260-520 280-550 SENIOR COUNSEL per day part of day (2 1/2 hours or less) Preparation time (a) where the time involved is less than 6 hrs (b) per day Conferences (not included in preparation time or daily rate) per hour 200-400 220-440 240-480 Brief to hear judgment where it is reasonable that counsel should appear per hour 200-400 220-440 240-480 260-520 If more than 2 1/2 hours at daily rates. Interlocutory matters (where certified fit for counsel) (a) short matters (1 hour)or less 180-300 200-440 220-480 (b) longer than 1 hour but 650-800 710-870 770-940 not longer than1/2 day; or (c) per day 1500-2000 1640-2180 1780-2360 Opinions (a) basic (b) complex 280-550 240-520 830-1010 250-550 890-1080 1920-2540 2050-2710 550-650 600-710 650-770 700-830 750-890 Such fees as the Taxing Master considers reasonable. Written submissions (where not included in preparation time) An allowance having regard to the complexity of the matter and the time taken in preparation of written submissions may be allowed where it is reasonable to prepare written submissions based on the daily rate for fee on brief/refreshers. Drawing or settling documents including pleadings affidavits and notices of appeal (a) basic 550-600 270-440 290-480 310-520 330-550 (b) complex Such fee as the Taxing Master considers reasonable. (Fees to senior counsel will be allowed only where it is proper to do so). Appeals and applications for leave to appeal (a) where the appeal or 750-1000 820-1090 application takes half a day or less (b) per day 1500-2000 1640-2180 69 890-1180 960-1270 1020-1350 1780-2360 1920-2450 2050-2710 FEES - SUPREME COURT REGULATIONS Regulation 3 (part only) Prescribed fee in respect of taxation of bill of costs by Taxing Master (1) In this regulation, ‘prescribed fee’ means the fee that a party entitled to be paid costs is required to pay to the court in respect of the taxation of a bill of costs by the Taxing Master. (2) There is no prescribed fee if, before the commencement of a taxation of a bill of costs, the court or the Taxing Master makes an order by consent for payment of the costs in the bill. (3) The prescribed fee is respect of a completed taxation of a bill of costs is 7.5% of the amount of costs allowed in respect of the whole bill. Regulation 4 Fees in respect of proceedings (1) A fee specified in the Schedule is payable in respect of the item specified opposite the fee. (2) Despite subregulation (1), no fee is payable to the Court (a) (b) (c) (d) (e) in relation to an adoption matter; in relation to a case stated procedure; in relation to a reference to the Full Court; in relation to a criminal matter; or by a person acting for, or by the authority of, the Territory. (3) A person exempt under subregulation (2) from paying a fee is entitled to recover, as part of a judgment debt as if it were a cost incurred, an amount equal to the fee that would, but for that subregulation, have been payable.. (4) A person who recovers a fee under subregulation (3) must pay to the court an amount equal to the fee. SCHEDULE In respect of proceedings in the Court of Appeal Item 1 Item 2 Item 3 Item 4 Filing of originating process Notice of Cross Appeal Searches (per search) Photocopyingby Supreme Court staff, per page by solicitors/clerks, per page From 1/1/91 $ 250.00 100.00 2.00 .60c .30c 70 From 1/7/98 $ 500.00 200.00 4.00 From 11/10/00 $ 500.00 200.00 4.00 1.20 .60c 1.20 .60c Supreme Court – Guidelines to Admission(Cont) Item 5 Service (by the Sheriff or officer of the Sheriff) 30.00 60.00 the relevant fee specified in the Schedule to the Sheriff Regulation s From 1/1/91 $ 150.00 250.00 50.00 50.00 From 1/7/98 $ 300.00 500.00 100.00 100.00 From 11/10/00 $ 300.00 500.00 100.00 100.00 2.00 4.00 4.00 .60c .30c 30.00 1.20 .60c 60.00 1.20 .60c the relevant fee specified in the Schedule to the Sheriff Regulation s In respect of all other proceedings in the Supreme Court Item 1 Item 2 Item 3 Item 4 Item 5 Item 6 Item 7 filing of all originating process setting down for hearing * appeal from Master's decision filing of writs for enforcement of judgment debts searches photocopying by Supreme Court staff, per page by solicitors/clerks, per page service fees (by Sheriff or an officer of the Sheriff) 71 GUIDELINES FOR ADMISSION OF LEGAL PRACTITIONERS IN THE NORTHERN TERRITORY (as amended 18 March 1996, 29 November 1996,11 August 1997 and 26 September 2000) Legal Practitioners Rules The Legal Practitioners Rules (Reg 38/93) govern the admission of legal practitioners in the Northern Territory (otherwise than pursuant to the mutual recognition scheme) and Articles of Clerkship. Hardship provision The Legal Practitioners Rules came into force on 1 October 1993. A transitional provision (rule 31), which came into force (as amended) on 10 November 1993, provides as follows : "(3) A person who considers that he or she has suffered special prejudice as a result of the commencement of these Rules may apply to the Court, or in relation to Part 4 may apply to the Admission Board, for relief of the special prejudice. (4) The Court, or the Admission Board, on receiving an application under subrule (3), may in its discretion make such orders in relation to the application as it thinks fit." An application to the Admission Board for relief pursuant to this provision should be in writing and should set out the grounds relied upon as establishing "special prejudice". ARTICLES OF CLERKSHIP The Rules governing Articles of Clerkship are contained in Part 4 of the Legal Practitioners Rules. Rule 22(2) requires a person entering into Articles to apply for approval from the Legal Practitioners Admission Board. Rule 22(3)(d) requires the Legal Practitioners Admission Board to be satisfied that “the articles of clerkship that the applicant proposes to enter or has entered into will provide the applicant with satisfactory experience”. For this reason, the Board requires that all applications for approval of articles of clerkship include a letter or document from the person with whom the applicant proposed to enter into articles providing information as to the nature of the work which will be available to the applicant. The following form of application has been approved by the Admission Board: 72 Supreme Court – Guidelines to Admission(Cont) Application for approval of the Admission Board to enter Articles of Clerkship under the Legal Practitioners Rules. To: Secretary, Legal Practitioners' Admission Board. 1. I, (full name of applicant) of (residential address) hereby apply under Rule 22(2) of the Legal Practitioners Rules for the approval of the Admission Board to enter into Articles of Clerkship (“articles”) with (full name of principal) of (address) who holds the qualification referred to in Rule 22(1) 2. I hereby lodge * a copy of the proposed Articles (Rule 23(1)(c)) OR *the duly executed Articles signed on (date) being not later than 14 days after the execution of the Articles in accordance with Rule 26. (NB the original and sealed Articles must be lodged) 3. I also lodge the following documents required by the Rules to accompany the application, namely: (a) (NB Original certificate or other documents showing that the applicant has or is entitled to the required academic qualifications. An applicant who has academic qualifications other than from NTU must provide a certificate or affidavit in accordance with the Supplementary Guidelines for Admission published in the Almanac) (b) (NB certificates with respect to the good fame and character of the applicant At least two original certificates should be by persons of standing in the community who have known the applicant for at least 3 years and must comply with Rule 23(2) stating (a) the full name, address and occupation of the person giving the certificate; (b) the period during which and (c) the circumstances in which the person giving the certificate has known the applicant; and (d) whether, in the opinion of that person, the applicant is a person of good fame and character) (c) (NB academic record letter from (name of Principal) dated (date) Original letter from principal must detail nature of work which will be available to the applicant in order to satisfy the Board that the articles the applicant proposes to enter, or has entered into, will provide the applicant with satisfactory experience. Filed: (signature of applicant) Applicant 73 Supreme Court – Guidelines to Admission(Cont) ADMISSION (other than under Mutual Recognition Scheme) (1) General Admission of legal practitioners (other than pursuant to the Mutual Recognition Scheme) is dealt with in Part 3 of the Legal Practitioners Rules. Applicants for admission who have obtained qualifications and experience in Australia, and New Zealand applicants with certain qualifications (see below) may apply directly for admission. Other applicants must first apply to the Court for directions (see below). An application is commenced by the filing of an Originating Motion (see proforma below) accompanied by such affidavits and other documentation as required by the Rules or the Court. The originating motion and affidavits should be filed in triplicate. The filing fee for an originating motion is $300.00, payable to the “Receiver of Territory Monies.” An applicant should lodge his or her documents with the Court and the Law Society of the Northern Territory at least 2 days before the Admission Board sits. Documents can be lodged with the Law Society by sending them to GPO Box 2388, Darwin or by leaving them at the Law Society’s office at 11 th Floor, NT House, Cnr Mitchell and Bennett Streets, Darwin or in the Law Society court box at the Supreme Court. The Admission Board sits on the last Tuesday of each month to consider applications for admission. The Board is required to report to the Court on an applicant's entitlement to apply for admission. If the application is approved by the Board, the Secretary prepares, signs and files a report pursuant to rule 20 and gives a copy to the applicant and to the Law Society. The Law Society, which considers all applications, meets on the last Thursday of each month. A fee of $100.00 is payable to the “Law Society of the Northern Territory.” Admission sittings are held on the first Tuesday of each month except when the Court is in vacation. Admissions are usually listed for 9.30 am. If there is any special reason why an admission should be held at any other time, an applicant should discuss it with the Registrar. Admissions in Alice Springs can be arranged at such times as are convenient to the circuit Judge. (2) Admission of persons not previously admitted elsewhere Admission of a person who has obtained qualifications and experience in Australia, but has not been admitted elsewhere in Australia, is provided for in Part 3, Division 2 of the Legal Practitioners Rules. 74 Supreme Court – Guidelines to Admission(Cont) An affidavit accompanying the Originating Motion should state that the applicant (a) is of good fame and character and a fit and proper person to be admitted to practise as a legal practitioner of the Court; (b) has not, at any time, been struck off the roll of Legal Practitioners in any State or Territory of the Commonwealth; and (c) has not been charged with a criminal offence (or the outcome of any such charge is disclosed). The affidavit should also include evidence of the educational qualifications and practical experience of the applicant. The required educational qualifications and practical experience are set out in Rules 10 & 11 of the Legal Practitioners Rules. Where relevant, a certificate of satisfactory completion of Clerkship (rule 30) must be filed with the application. For the purposes of calculating the period of one year's satisfactory service under Articles, the period may include up to 4 weeks annual leave and 1 week’s sick leave. Study leave is not included. For the purposes of calculating the period of service as an Associate, an Associate may take up to 4 weeks annual leave and 1 week sick leave in a period of one year’s service as an Associate. An applicant must depose, in the affidavit, as to any leave taken. (3) New Zealand applicants Rules 12-15 govern the admission of New Zealand practitioners. A person who has obtained qualifications in New Zealand, and who complies with the requirements set out in rule 12, may apply to the Court under rule 7 for admission. Where a person does not have the experience specified in rule 12 (2) (a) or (b), he or she may apply pursuant to rule 13 to the Court for directions as to any additional requirements which must be satisfied. On complying with the directions given, the person may apply for admission under rule 7. (4) Overseas applicants Rules 16-19 govern the admission of overseas applicants. An applicant is required by rule 16 to apply to the Court for directions as to the requirements he or she must fulfil to satisfy the requirements of rule 8. At the hearing of the first application pursuant to the introduction of this rule, the court directed that an applicant should first obtain and file in court, and serve on the Law Society, an assessment from a person or body qualified to do so, as to the applicant’s academic qualifications relative to those prescribed for admission as a practitioner of this court. 75 Supreme Court – Guidelines to Admission(Cont) Guidelines and further information are available from the Registrar who is also the Secretary of the Legal Practitioners Admission Board. (5) Proforma Originating Motion IN THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA AT DARWIN No ( of 2001 ) IN THE MATTER OF: THE LEGAL PRACTITIONERS RULES AND: IN THE MATTER OF AN APPLICATION BY (name in full) * FOR DIRECTIONS PURSUANT TO * RULE 13 * RULE 16 OF THE LEGAL PRACTITIONERS RULES; AND FOR ADMISSION AS A LEGAL PRACTITIONER OF THE SUPREME COURT OF THE NORTHERN TERRITORY ORIGINATING MOTION The applicant will apply to the Court on at for: (1)* (2) Directions pursuant to rule * 13 or * 16 of the Legal Practitioners Rules; and Admission to practise as a legal practitioner. FILED: REGISTRAR The address of the applicant is * delete as applicable 76 Supreme Court – Guidelines to Admission(Cont) ADMISSION UNDER THE MUTUAL RECOGNITION SCHEME Notification to Admission Board 1. The Legal Practitioners Admission Board of the Northern Territory (the "Admission Board") is the local registration authority in respect of an application for admission under the Mutual Recognition Act, (Legal Practitioners Act, section 12). 2. A practitioner seeking registration in the Northern Territory must lodge a written notice with the Admission Board. The notice must contain the information specified in section 19 of the Mutual Recognition Act. A proforma is attached. The notice should be lodged at the Supreme Court Registry, GPO Box 3946, Darwin, NT 0801. A fee of $300.00 is payable upon lodgment. 3. A notice under section 19 must be accompanied by a document that is either the original or a copy of the instrument evidencing the applicant's existing registration (ie admission certificate) or, if there is no such instrument, by sufficient information to identify the applicant and the applicant's registration (section 19(3)). In the notice, the applicant must certify that the accompanying document is the original or a complete and accurate copy of the original. The Admission Board also requires that a current practising certificate or similar document evidencing current status as a legal practitioner be lodged with the notice under section 19, and that the applicant certify that this document is the original or a complete and accurate copy of the original. 4. The Legal Practitioners Rules require a person to take an oath and sign the Roll before being admitted to practise. An applicant whose application is otherwise in order may be granted registration conditional upon taking the oath and signing the Roll and will not be entitled to practise until this has been done. Application to practise 5. If an applicant for registration (ie admission) intends to practise in the Northern Territory he or she must make an application to the Law Society of the Northern Territory pursuant to the Mutual Recognition Act. The Law Society is the local registration authority in respect of an application for a practising certificate (s 35AA Legal Practitioners Act). 77 Supreme Court – Guidelines to Admission(Cont) The Law Society's address and contact number are as follows: 11th Floor NT House Cnr Mitchell & Bennett Streets DARWIN NT 0800 GPO Box 2388 DARWIN NT 0801 Telephone: (08) 89 81 5104 Facsimile: (08) 89 41 1623 email: lawsoc@lawsocnt.asn.au Deemed Registration 6. Once a practitioner has lodged a notice under section 19, pending the grant or refusal of registration, he or she is deemed to be registered (section 25) 7. A person who engages in practice under deemed registration must comply with requirements (such as insurance, fidelity funds etc) of the Northern Territory and is subject to disciplinary provisions of the Northern Territory (section 27). Oath or Affirmation: signing of Roll 8. The Legal Practitioners Rules provide that a person may elect not to appear in person to be admitted, in which case that person shall swear or affirm and sign a pro forma for insertion in the Roll before the Principal Registrar of the Supreme Court of a State or Territory or before any other officer designated by the Admission Board. Trans-Tasman Mutual Recognition Act 9. The Admission Board has resolved to use these guidelines, with all necessary changes or modification, pending the promulgation of rules under the TransTasman Mutual Recognition Act. 10. Applicants relying on admission in New Zealand may swear or affirm and sign the pro forma before a Registrar or other designated officer of the High Court of New Zealand. 78 Supreme Court – Guidelines to Admission(Cont) 22. Proforma Section 19 Notice- NOTICE UNDER SECTION 19 OF THE MUTUAL RECOGNITION ACT 1992 (COMMONWEALTH) SEEKING REGISTRATION AS A LEGAL PRACTITIONER TO: THE LEGAL PRACTITIONERS ADMISSION BOARD SUPREME COURT GPO BOX 3946 DARWIN NT 0801 COMMONWEALTH OF AUSTRALIA STATUTORY DECLARATION I, (name), (occupation), of (address) do solemnly and sincerely declare as follows : 1. I seek registration as a legal practitioner in accordance with the mutual recognition principle. 2. I am currently admitted as a legal practitioner in (State/Territory). The date of my admission was (date). 3. The names and dates of admission in every other jurisdiction in which I have been admitted are as follows: Jurisdiction Date of admission (if not admitted elsewhere, state "None") 4. I am not the subject of disciplinary proceedings in any State or Territory (including any preliminary investigations or action that might lead to disciplinary proceedings) in relation to the occupation of legal practitioner. 5. My admission in any State or Territory is not cancelled or currently suspended as a result of disciplinary action. 6. I am not otherwise personally prohibited from carrying on the occupation of legal practitioner in any State or Territory and am not subject to any special conditions in carrying out that occupation as a result of criminal, civil or disciplinary proceedings in any State or Territory. 7. In carrying out my occupation in any State or Territory, I am subject to the following conditions (State special conditions, if any - otherwise state: "No special conditions") 8. I give consent to the Legal Practitioners Admission Board of the Northern Territory to make inquiries of, and to exchange information with, the authorities of any State or Territory regarding my activities as a legal practitioner or otherwise regarding matters relevant to this notice. 79 Supreme Court – Guidelines to Admission(Cont) 9. I certify that the documents accompanying this notice are the (original/a complete and accurate copy of the original) instrument evidencing my admission to practise in (State/Territory) and (the original/a complete and accurate copy of the original) of my current practising certificate (or similar document evidencing current status as legal practitioner). AND I make this solemn declaration by virtue of the Statutory Declarations Act 1959 (Cwth) and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular. ............................................................. Signature of applicant DECLARED at on 2001 BEFORE ME: ............................................................. Witness .............................................................. Printed name ............................................................... Title 80 SUPPLEMENTARY GUIDELINES FOR ADMISSION OF LEGAL PRACTITIONERS IN THE NORTHERN TERRITORY (issued April 1994 as amended 11 August 1997) Admission of persons not previously admitted elsewhere Academic Qualifications - Rule 10 Rule 10 of the Legal Practitioners Rules sets out the academic requirements for admission of a person in the following areas of law: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) Criminal law and procedure Torts Contracts Property both real (including Torrens system land) and personal Equity (including trusts) Company law Administrative law Federal, State and Territory constitutional law Civil procedure Evidence; and Professional conduct and Trust accounting Appendix A sets out detailed descriptions of the areas of knowledge referred to in r10. An applicant for admission or for approval of articles who has academic qualifications other than those obtained from the Northern Territory University shall: 1) provide a certificate as to the satisfactory completion of the courses of study required by r10(b) of the Legal Practitioners Rules, from the Dean or Head of Law School of an Australian tertiary institution recognised under r10(1) of the Legal Practitioners Rules. Such a certificate may be accepted in lieu of the affidavit mentioned in (2) below; OR 2) Provide affidavit evidence that the subjects studied by the applicant equate to those required by r10. The applicant should refer to each subject required by r10 and explain the subject or subjects studied by the applicant which covered the required areas of knowledge. Copies of extracts from the relevant University faculty handbook should be annexed to the affidavit to verify correlation between prescribed subjects and subjects studied. APPENDIX A SYNOPSIS OF AREAS OF KNOWLEDGE Appendix A sets out detailed descriptions of the areas of knowledge referred to in r 10 which have been prepared for the guidance and assistance of admitting authorities. 81 Supreme Court Guidelines – Warrants of execution (cont) Although the topics below are grouped for convenience under the headings of particular areas of knowledge, there is no implication that a topic needs to be taught in a subject covering the area of knowledge mentioned in the heading rather than in another suitable subject. (i) CRIMINAL LAW AND PROCEDURE 1. 2. 3. 4. 5. 6. 7. 8. 9. The definition of crime Elements of crime Aims of the criminal law Homicide and defences Non-fatal offences against the person and defences Offences against property General doctrines Selected topics chosen from : . attempts . participation in crime . drunkenness . mistake . strict responsibility Elements of criminal procedure. Selected topics chosen from: . classification of offences . process to compel appearance . bail . preliminary examination . trial of indictable offences OR topics of such breadth and depth as to satisfy the following guidelines: The topics should provide knowledge of the general doctrines of the criminal law and particular examination of both offences against the person and against property. Selective treatment should also be given to various defences and to elements of criminal procedure. (ii) TORTS 1. 2. 3. 4. 5. Negligence including defences A representative range of torts (other than negligence) and their defences Damages Concurrent liability Compensation schemes OR topics of such breadth and depth as to satisfy the following guideline: 82 Supreme Court Guidelines – Warrants of execution (cont) The potential compass of this area is so large that considerable variation might be anticipated. At the very least, there should be a study of negligence and of a representative range of torts, with some consideration of defences and damages, and of alternative methods of providing compensation for accidental injury. Examples of these topics are: . . . . . . (iii) concurrent liability defamation economic torts nuisance breach of statutory duty; and compensation schemes. CONTRACTS 1. 2. 3. 4. 5. 6. Formation, including capacity, formalities, privity and consideration Content and construction of contract Vitiating factors Discharge Remedies Assignment OR topics of such breadth and depth as to satisfy the following guideline: Some variation may be expected in the breadth and detail of the topics. In general, however, knowledge of the formal requirements for concluding contracts, capacity, the content and interpretation of contracts, their performance and discharge, available remedies together with an understanding of the broad theoretical basis of contract would be expected. (iv) PROPERTY 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Meaning and purposes of the concept of property Possession, seisin and title Nature and type (ie fragmentation) of proprietary interests Creation and enforceability of proprietary interests Legal and equitable remedies Statutory schemes of registration Acquisition and disposal of proprietary interests Concurrent ownership Proprietary interests in land owned by another Mortgages OR topics of such breadth and depth as to satisfy the following guideline: 83 Supreme Court Guidelines – Warrants of execution (cont) The topics should include knowledge of the nature and type of various proprietary interests in chattels and land, and their creation and relative enforceability at law and in equity. Statutory schemes of registration for both general law land and Torrens land should be included. A variety of other topics might be included, eg fixtures, concurrent interests and more detailed treatment of such matters as sale of land, leases, mortgages, easements, restrictive covenants, etc. (v) EQUITY 1. (a) (b) (c) (d) (e) (f) (g) 2. Trusts, with particular reference to the various types of trusts and the manner and form of their creation and variation. The duties, rights and powers of trustees should be included as should the consequences of breach of trust and the remedies available to, and respective rights of, beneficiaries. (It is expected that about half the course will be devoted to trusts). The nature of equity Equitable rights, titles and interests Equitable assignments Estoppel in equity Fiduciary obligations Unconscionable transactions Equitable remedies OR topics of such breadth and depth as to satisfy the following guideline: The topics should cover the elements of trust law, equitable doctrines part from those relating to trusts, and equitable remedies. The following aspects of trusts law should be dealt with: various kinds of trusts, the rights, duties, powers of trustees; the consequences of breach of trust. Apart from trusts, the following equitable doctrines might be covered, for example, fiduciary obligations, equitable assignments, unconscionability and the confidential information. The remedies of specific performance, injunction, declaration and damages in equity should be included. (It is expected that about half the course will be devoted to trusts). (vi) COMPANY LAW 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Corporate personality The incorporation process The corporate constitution Company contracts Administration of companies and management of the business of companies Duties and liabilities of directors and officers Share capital and membership Members' remedies Company credit and security arrangements Winding up of companies 84 Supreme Court Guidelines – Warrants of execution (cont) OR topics of such breadth and depth as to satisfy the following guideline: The topics should include an analysis of incorporation and its effects, management and control of a company, the various methods of financing by the issue of shares and by debt, and the processes of winding up a company. (vii) ADMINISTRATIVE LAW 1. 2. 3. 4. 5. 6. 7. 8. 9. Organisation and structure of the administration Administrative law theory Common law and statutory avenues of judicial review at Commonwealth and State level Grounds of judicial review Remedies Crown immunity Administrative Appeals Tribunal Statutory review Freedom of information OR topics of such breadth and depth as to satisfy the following guideline: The topics should not only embrace traditional common law remedies concerning judicial review of administrative action, but should also cover the range of Commonwealth and State statutory regimes. (viii) FEDERAL AND STATE CONSTITUTIONAL LAW 1. 2. 3. 4. 5. State constitutions and constitutional systems The Commonwealth constitution and constitutional system The constitution and operation of the legislature, executive and judiciary The relationship between the different institutions of government and the separation of powers The relationship between the different levels of government. OR topics of such breadth and depth as to satisfy the following guideline: The topics should include knowledge of the major principles of both the relevant State or Territory Constitution and the Commonwealth Constitution, including the relations between the different Commonwealth and State or Territory laws. A general knowledge of the scope of both State or Territory and Commonwealth Constitutions is required, although the topics will differ in the depth of treatment of specific heads of power, particularly in the Commonwealth sphere. 85 Supreme Court Guidelines – Warrants of execution (cont) (ix) CIVIL PROCEDURE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Court adjudication under an adversary system The costs of litigation and the use of costs to control litigation Service of originating process - as foundation of jurisdiction, including service out of the relevant State or Territory and choice of forum Joinder of claims and parties - including group proceedings and the defence of prior adjudication as instances of the public interest in avoiding a multiplicity of proceedings and inconsistent verdicts. Defining the questions for trial - pleadings, notices to admit and other devices Obtaining evidence - discovery of documents, interrogatories, subpoena and other devices Disposition without trial, including the compromise of litigation Extra judicial determination of issues arising in the course of litigation Judgment Appeal Enforcement OR topics of such breadth and depth as to satisfy the following guideline: The topics should embrace the general study of rules of civil procedure relevant in the State or Territory. Rules concerning jurisdiction, the initiation and service of process, the definition of issues through pleadings and judgment and enforcement should all be included. (x) EVIDENCE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Introduction Competence and compellability Privilege The examination of witnesses Disposition and character Similar fact evidence The accused as a witness Burden and standard of proof Documentary evidence Opinion evidence and prior determination Hearsay: . the exclusionary rule . the common law and statutory exceptions Admissions and confessions in criminal cases Illegally obtained evidence and confirmation by subsequent fact Res gestae Corroboration 86 Supreme Court Guidelines – Warrants of execution (cont) OR topics of such breadth and depth as to satisfy the following guideline: The topics should include examination of both the sources and acceptability of evidence, including rules concerning the burden and standard of proof and technical rules concerning such matters as hearsay, admissions and confessions, illegally obtained evidence and res gestae. (xi) PROFESSIONAL CONDUCT (including basic Trust Accounting) Professional and personal conduct in respect of practitioners' duty : (a) (b) (c) (d) to the law to the courts to clients, including a basic knowledge of the principles of trust accounting; and to fellow practitioners OR topics of such breadth and depth as to satisfy the following guideline: The topics should include knowledge of the various pertinent rules concerning a practitioner's duty to the law, the courts, clients and fellow practitioners and a basic knowledge of the principles of trust accounting. The aims of the trust account segment of Professional Conduct are: . . to impart an understanding of the legal requirements on solicitors for dealing with trust property; to help students obtain a level of competence in, and understanding of, the recording requirements for trust accounts and other trust dealing Areas covered should include; . . . . . provisions of the relevant State or Territory legislation governing the legal profession which relate to the handling of trust money and other trust property legislative provisions which enable the proper identification of trust moneys the ramifications of breach of trust methods of maintaining trust accounts records. This includes class exercises in recording of receipts, payments and direct payments of trust moneys and of investments (including mortgage investments) by solicitors on behalf of their clients a detailed study of any relevant legislation, regulations or rules relating to trust accounting 87 SHERIFF OF THE NORTHERN TERRITORY Memorandum to Legal Practitioners Re: Warrants of Seizure & Sale, Warrants of Possession, Warrants of Delivery The ‘Memorandum to Practitioners’ of 14 March 2000 is withdrawn. The following procedure shall apply when filing warrants of execution in the Supreme Court of the Northern Territory on or after 15 February 2001. Three copies of the warrant shall be filed at the Supreme Court Registry along with the prescribed filing fee ($100.00 at 14.2..2001). Pursuant to Regulation 14 of the Sheriff Regulations an additional fee of $176.00 (inclusive of GST) shall also be paid at the time of filing to cover execution fees and expenses. Separate cheques shall be lodged for the filing fees and execution fees and both shall be made payable to ‘The Receiver of Territory Monies’ or ‘RTM’. A supporting affidavit is to be prepared pursuant to Rule 68.04(3)(c) and will be served during execution of the warrant pursuant to Rule 68.04(4). Three copies of the affidavit are required. After the warrant has been signed and sealed by the Registrar, the Supreme Court Registry will return one copy of the warrant to the party filing it for the purposes of registration against the Title, if necessary. One of the remaining copies will be retained on the Supreme Court file and the other copy will be forwarded to the Sheriff’s Office for execution. The party filing the warrant should also nominate a bailiff to execute the warrant. If no bailiff is nominated the Sheriff will appoint one. The Sheriff may demand further fees during or after execution. Any fees not utilised will be refunded when the warrant is finalised. The form of a warrant of seizure and sale is attached. Sheriff 14 February 2001 88 Supreme Court Guidelines – Warrants of execution (cont) Supreme Court Rules FORM 68A Rule 68.08 WARRANT OF SEIZURE AND SALE (heading as in originating process) TO THE SHERIFF In respect of the judgment (or order) dated (eg. 20 June 20 ) by which it was adjudged (or ordered) that (judgment debtor) pay $ A to (judgment creditor) together with costs, which have been taxed at $ B , (or by which it was ordered that) (judgment debtor) pay certain costs to (judgment creditor), which have been taxed at $ , LEVY ON THE PROPERTY of (judgment debtor) which is authorised by law to be taken in execution for – (a) $ C, being $ A now due and payable exclusive of taxed costs and $ B for taxed costs; (or $ for taxed costs); (b) $ D, being interest at X per centum per annum, the rate for the time being fixed in accordance with law, on (amount due and payable exclusive of taxed costs A) from the date of the judgment (or order); (c) $ E, being interest at X per centum per annum, the rate for the time being fixed in accordance with law, on (amount of taxed costs B) from 20 (date of taxation of costs); (d) $ F, being the costs of this (and of any prior) warrant; and (e) your fees and expenses for this (and for any prior) warrant; AND PAY the amount so levied other than your fees and expenses to (judgment creditor) or otherwise as the law requires AND INDORSE on this warrant immediately after you have performed all of your obligations under it a statement of the date, time and place at which you have executed or attempted to execute the warrant and the results of the execution and send a copy of the statement to (judgment creditor). Issued 20 REGISTRAR Issued at the request of (judgment creditor) The last known address of (judgment debtor) is (add if address is different) and the address of the place where it is believed that property of (judgment debtor) may be found is (address). 89 Supreme Court Guidelines – Warrants of execution (cont) A Judgment Debt (including any pre-judgment interest if applicable) B Judgment Costs (either taxed or not taxed - if applicable, see Order 63, Part 4 – Fixed costs) C A+B D Interest as calculated on A, from judgment date to date of swearing of accompanying affidavit E Interest as calculated on B, from judgment date to date of swearing of accompanying affidavit (R68.04(c)(iii)) F Registry filing fee (currently $100.00) on this (and any prior) warrant (NOTE: THE COSTS OF PREPARING THE WARRANT AND AFFIDAVIT IN SUPPORT ARE NOT RECOVERABLE) X Rule 59.02(3). This is a fixed rate irrespective of any pre-judgment interest rate. (see page 63 this publication) 90 LOCAL COURT DARWIN Chief Magistrate: Mr Hugh Bradley Principal Secretary: Dianne Stanford Telephone: (08) 8999 7560 Facsimile: (08) 8999 6897 email: diane.stanford@nt.gov.au Stipendiary Magistrates: Mr Alasdair McGregor OAM Mr Anthony Gillies Mr John Lowndes Mr Daynor Trigg Mr Richard Wallace Mr Greg Cavanagh Mr Vince Luppino Magistrates' Secretary: Ms Kerri Schobben Telephone: (08) 8999 6599 Facsimile: (08) 8999 6897 email: kerri.schobben@nt.gov.au Nichols Place Cnr Cavenagh & Bennett Streets Darwin NT 0800 GPO Box 1281 Darwin NT 0801 Judicial Registrars: Ms Tanya Fong Lim Ms Brenda Monaghan Telephone: (08) 8999 6264 Facsimile: (08) 8999 7666 email: judicial.registrar@nt.gov.au A/Principal Registrar: Ms Elizabeth Leahy Telephone: (08) 8999 6360 Facsimile: (08) 8999 7936 email: elizabeth.leahy@nt.gov.au 91 Local Court (Cont) Listing Registrar: Ms Brenda Rinaldi Telephone: (08) 8999 7115 Facsimile: (08) 8999 6897 email: brendarinaldi@nt.gov.au Mobile phone: 015 611 943 A/Civil Registrar: Mrs Sue-Ann Candida Telephone: (08) 8999 6216 Facsimile: (08) 8999 7666 email: sue-ann.candida@nt.gov.au Criminal Registrar: Ms Jill Goodsell Telephone: (08) 8999 6416 Facsimile: (08) 8999 7936 email: jill.goodsell@nt.gov.au Manager, Orderlies Mr John Tedford Telephone: 08) 8999 6085 Facsimile: (08) 8999 5222 email: john.tedford@nt.gov.au Library Technician: Ms Christine Timms Telephone: (08) 8999 6526 Facsimile: (08) 8999 6897 email: christine.timms@nt.gov.au Circuit Courts - (for enquiries phone (08) 8999 6599) Port Keats C/- Police Station Telephone: (08) 8978 2366 Facsimile: (08) 8978 2627 Jabiru C/- Police Station Telephone: (08) 8979 2122 Facsimile (08) 8979 2216 Pularumpi C/- Police Station Telephone (08) 8978 3967 Facsimile (08) 8978 3869 Oenpelli C/- Police Station Telephone (08) 8979 0180 Facsimile: (08) 8979 0179 Maningrida C/- Police Station Telephone (08) 8979 5939 Facsimile (08) 8979 5929 Daly River C/- Police Station Telephone (08) 8978 2466 Facsimile (08) 9878 2797 92 Local Court (Cont) ALICE SPRINGS Deputy Chief Magistrate: Stipendiary Magistrate: Ms Cathy Deland Mr Michael Ward Magistrates Secretary : Sandra Mueller Telephone: (08) 8951 5700 Facsimile: (08) 8951 5033 email: sandra.mueller@nt.gov.au Registrar: Mr Peter Campbell Telephone: (08) 8951 5717 Facsimile: (08) 8951 5702 email: peter.campbell@nt.gov.au Court Co-ordinator: Ms Narelle Edwards Telephone: (08) 8951 5713 Facsimile: (08) 8951 5702 email: narelle.edwards@nt.gov.au Deputy Registrar- Civil: Ms Emma Cornock Telephone: (08) 8951 5696 Facsimile: (08) 8951 5702 email: emma.cornock@nt.gov.au Deputy Registrar - Criminal: Mr Jeff Jenkins Telephone: (08) 8951 5714 Facsimile: (08) 8951 5702 email: jeffrey.jenkins@nt.gov.au Transcript enquiries: Ms Elizabeth Shepherdson Telephone: (08) 8951 5700 Facsimile: (08) 8957 5033 email: elizabeth.shepherdson@nt.gov.au Library Clerk: Ms Sophie Shiell Telephone: (08) 8951 5707 Facsimile: (08) 8951 5033 email: sophie.shiell@nt.gov.au Law Courts Parsons Street Alice Springs NT 0870 PO Box 1394 Alice Springs NT 0871 93 Local Court (Cont) (Circuit Court (for enquiries phone (08) 8951 5713) Hermannsburg C/- Police Station Telephone: (08) 8956 7422 Facsimile: (08) 8956 7831 Mutitjulu C/- Police Station, Yulara Telephone: (08) 8956 2166 Facsimile: (08) 8956 2311 Yuendumu C/- Police Station Telephone: (08) 8956 4004 Facsimile: (08) 8956 4089 Papunya C/- Police Station Telephone: (08) 8956 8510 Facsimile: (08) 8956 8751 Ali Curung C/- Police Station Telephone (08) 8964 1959 Facsimile: (08) 8964 1974 94 Local Court (Cont) KATHERINE Stipendiary Magistrate: Mr John Birch Telephone: Facsimile: Registrar: (08) 8973 8959 (08) 8973 8962 Mrs Vai Walford Telephone: (08) 8973 8959 Facsimile: (08) 8973 8962 email: vai.walford@nt.gov.au Court House, First Street Katherine NT 0850 PO Box 1694 Katherine NT 0851 Circuit Court (for enquiries phone (08) 8973 8959) Elliott C/- Police Station Telephone: (08) 8969 2010 Facsimile: (08) 8969 2098 Lajamanu C/- Police Station Telephone: (08) 8951 1555 Facsimile: (08) 8951 1555 Timber Creek C/- Police Station Telephone: (08) 8975 0733 Facsimile: (08) 8975 0847 Borroloola C/- Police Station Telephone: (08) 8975 8770 Facsimile: (08) 8975 8769 Kalkaringi C/- Police Station Telephone (08) 8975 0790 Facsimile: (08) 8975 0677 Ngukurr C/- Police Station Telephone: (08) 8975 4644 Facsimile (08) 8975 4758 Beswick C/- Police Station Maranboy Telephone: (08) 8975 4500 Facsimile:(08) 8975 4559 95 Local Court (Cont) TENNANT CREEK Registrar: Mrs. Dawn Kawau Court House, Paterson Street Tennant Creek NT 0860 PO Box 84 Tennant Creek NT 0861 Telephone: Facsimile: (08) 8962 4377 (08) 8962 4375 NHULUNBUY Registrar: Ms Glenda Goding (part time when court is sitting, otherwise 2 days per week) Court House, Endeavour Square Nhulunbuy NT 0880 PO Box 496 Nhulunbuy NT 0881 Telephone: Facsimile: (08) 8987 1378 (08) 8987 2392 Circuit Court: Yirrkala Galiwinku (No police presence) (No police presence) ALYANGULA Registrar: Court sitting days only, otherwise contact Darwin or Nhulunbuy C/- Police Station, Alyangula NT 0885 Telephone: (08) 8987 6287 Facsimile: (08) 8987 6228 96 OFFICE OF THE CORONER DARWIN: Coroner: Mr Greg Cavanagh SM Deputy Coroner: Ms. Elizabeth Morris email: elizabeth.morris@nt.gov.au Coroner’s Clerk: Ms Veronica Catlin email: veronica.catlin@nt.gov.au Secretary: Ms Alana Carter (part time share) email: alana.carter@nt.gov.au Secretary: Ms Carol Bloomfield (part time share) email: carol.bloomfield@nt.gov.au Telephone: (08) 8999 7770 Facsimile: (08) 8999 5128 ALICE SPRINGS: Contact number: Telephone: (08) 8951 5700 Facsimile: (08) 8957 5702 97 NORTHERN TERRITORY OF AUSTRALIA CHIEF MAGISTRATE’S MEMORANDA AND PRACTICE DIRECTIONS TABLE OF CONTENTS 1 INDEX TO MEMORANDA TO PRACTITIONERS 99 2 INDEX TO LOCAL COURT PRACTICE DIRECTIONS 106 3 INDEX TO SMALL CLAIMS PRACTICE DIRECTIONS 139 4 INDEX TO JUSTICES APPEALS PRACTICE DIRECTIONS 142 5 INDEX TO WORK HEALTH PRACTICE DIRECTIONS 146 6 INDEX TO DOMESTIC VIOLENCE PRACTICE DIRECTIONS 167 7 INDEX TO FAMILY MATTERS COURT PRACTICE DIRECTIONS 173 98 Local Court (Cont) CHIEF MAGISTRATE’S MEMORANDA TO PRACTITIONERS INDEX No Subject Date signed Page 1. Exercise of Family Law jurisdiction 12.10.95 100 2 Criminal Callover (new procedures) 14.11.95 101 3. Information required at Criminal Callover (on confirmatory criminal mentions) 14.11.95 101 4. Addendum to information required at Criminal Callover 7.12.95 102 5. Access to Magistrates’ Courts files (Criminal) 24.6.96 103 6 Signature stamps (Court of Summary Jurisdiction) 21.10.95 105 99 CHIEF MAGISTRATE’S Memoranda to Practitioners 1. Subject: Exercise of Family Law jurisdiction by the Court of Summary Jurisdiction. In the interest of (a) (b) standardising procedures between the Family Court of Australia and the Court of Summary Jurisdiction; and recognising the strong emphasis of conciliation and counselling in the Family Law Act; the following procedures will apply immediately. 1. First return date The first return date given for non-urgent matters will reflect the time lines set out in the Family Court Case Management Guidelines; ie it will be 6 weeks from the date of filing. (This will not apply to child maintenance or child support applications, which will be listed approximately 4 weeks from the date of filing.) 2. Matters concerning the welfare of children Matters concerning the welfare of children will not be listed for interim or final hearing until certification from the Family Court Counselling Service that counselling has taken place has been filed. (In appropriate cases, a certificate will not be required ie for reasons of distance, physical disability, recent conciliation counselling, the terms of a recent court order, the nature of the relationship between the parties etc.) 3. Urgent application The urgency with which an "urgent" application is to be listed will be determined by the Judicial Registrar/Registrar having regard to factors including: a) when the proceedings may be served on the other party and what opportunity that party will have to seek to respond to the application; b) the need to ensure wherever possible that conciliation counselling occurs before the application is dealt with by the Court; c) any risk or abuse to a party, or to a child in child welfare matters, and any risk of loss of property or an interest in property. A party seeking an urgent listing should apply by way of a covering letter, referring in detail to each of the above factors (and to any other matter which may be relevant to urgency) and requesting an order under Order 3 rule 3 for abridgment of time for service and listing. 100 Chief Magistrate’s - Memoranda to Practitioners (cont) As neither the Judicial Registrar nor the Registrar have power to make orders under Order 3 Rule 3, applications for an order under Order 3 Rule 3 will, when necessary, be dealt with by the duty Magistrate. In addition, practitioners are reminded of the requirements of Order 16 Rule 2 concerning the filing of an affidavit setting out the circumstances of urgency. 4. Ex parte applications Where an urgent application is made ex parte, Order 12 Rule 3 must be complied with as to the matters that should be set out in any affidavit in support of an exparte application. I.L. Gray Chief Magistrate 12 October, 1995 2. Subject Criminal Callover (new procedures) As of 1 December 1995 the Court will be trialing a new callover procedure as follows:. callover will continue to be held daily at 9.00 am in Court No 1 . A Court JP/Registrar will sit informally at the Bench Clerk’s desk and, at their discretion, may deal with matters by consent, confirmatory mentions and matters relating to non-attendance . callover will not be recorded The policy of the Court to promote the just and efficient determination of matters will continue. It will be expected that a defendant is ready to proceed on the second mention unless there is good reason for any further adjournments. Delay between the date of initiation of proceedings to their final determination is to be minimised. This new procedure will be reviewed at the next Criminal Court Users Group meeting on 13 March 1996. IL Gray Chief Magistrate 14 November 1995 3. Subject: Information required at criminal callovers The following procedures have been developed to ensure that mentions at callovers setting dates for hearing are dealt with as efficiently and effectively as possible and will commence from 1 January 1996. The following information will be required by the Registrar or Magistrate conducting callover:101 Chief Magistrate’s - Memoranda to Practitioners (cont) a) When a matter is set down for hearing:– . . . b) an estimate of the length of the hearing the number of witnesses to be called whether there are any special problems such as interpreters required or deaf defendants/witnesses or if there are interstate witnesses etc. on a confirmatory mention, where the parties are ready for hearing: - . . . . . . . confirmation that the plea is still one of not guilty specifying to which charges an estimate of the length of the hearing the number of witnesses to be called whether there are any special circumstances or requirements eg interpreters, incapacitated or vulnerable parties or witnesses, interstate witnesses etc confirmation that statements have been provided by prosecutions to the defence whether discussions have been held with the prosecutor for the case and all possible issues have been settled and full details of the charges have been obtained whether counsel has been briefed and the name of Counsel It would greatly assist the Court in minimising the time taken for each mention if the parties are able to hand up the required information in writing, signed by the parties. I L Gray Chief Magistrate 14 November 1997 4. Subject: Addendum to information required at criminal callovers Further to my memorandum of 14 November 1995, I advise that the following information will also be required on a confirmatory mention, where the parties are ready for hearing, by the Magistrate, Registrar or JP conducting the callover: – . . . what are the issues/what is in dispute whether any matters are to be admitted pursuant to section 379 of the Criminal Code if it is not possible to indicate intended admissions under section 379, whether any agreement has been reached as to the non-calling of any witnesses I L Gray Chief Magistrate 7 December 1995 102 Chief Magistrate’s - Memoranda to Practitioners (cont) 5. Subject: Access to Magistrates’ Court files (criminal) The following guidelines, governing access to criminal court files by parties and members of the public, rescinds the memorandum dated 12 October 1995 in respect of criminal files and will apply from 1 July 1996. Whether to permit access remains in the discretion of the Registrar at all times. In respect of any documents not included in these guidelines, or where staff are unsure, the matter is to be referred to the Registrar for determination. 1. Court Of Summary Jurisdiction, Juvenile Court Access by party (ie prosecutor and defendant) a) A party may view and take a photocopy of . . . . . . . . . charge sheet(s) bail undertaking(s) surety undertaking(s) summons to witness exhibits register and exhibits MFI list witness appearance register warrants orders and reasons for decision b) A party may view but NOT take a photocopy of transcript. (Pursuant to section13 of the Records of Depositions Act, a party may apply in writing for a copy of the transcript and, upon payment of the prescribed fees, a copy will be provided. Pursuant to section 14, a person who has been committed for trial or sentence for an indictable offence may request a copy of the transcript and the Clerk of the Court of Summary Jurisdiction shall furnish a copy free of charge.) c) A party may view pre-sentence reports but NOT take a photocopy without an order of the presiding Magistrate d) a party may NOT have access to the following documents . file notes (written by staff or Magistrates) . the court file cover, without leave of the Registrar . correspondence, without leave of the Registrar or a Magistrate. (Access by parties to the correspondence section of a court file is generally denied. However in some cases it may be appropriate for a party to view correspondence from another party to the Court. Parties seeking to view correspondence should make a request to the Registrar. Access by non-party Access is subject to any suppression order under the Evidence Act and to ss 6 and 7 of the Sexual Offences (Evidence and Procedure) Act. 103 Chief Magistrate’s - Memoranda to Practitioners (cont) The Court reserves the right, to be exercised by the Registrar, to require a non-party requesting access to a file to give a justification, either written or oral, for their request. a) A non-party may view and take a photocopy of . . . . . . . . b) A non-party may view but NOT take a copy of transcript. (Pursuant to section 13 of the Records of Depositions Act, a non-party may apply in writing for a copy of the transcript and, if the clerk or a Magistrate is satisfied that there is good reason for the non-party to be provided with a copy and upon payment of the prescribed fees, a copy will be provided.) c) A non-party may view exhibits but NOT take a photocopy without an order of the presiding Magistrate d) A non-party may NOT have access to the following documents . . . . . . 2. charge sheet(s) bail undertaking(s) surety undertaking(s) summons to witness exhibits register witness appearance register warrants orders and reasons for decision the Court file cover, without leave of the Registrar correspondence file notes (written by staff or Magistrates) pre-sentence report(s) reports ordered under the Juvenile Justice Act subpoenaed documents or other documents not yet in evidence Family Matters Court Access by party Subject to s 46 of the Community Welfare Act, access by parties is as follows:a) b) c) A party may view and take a photocopy of any document on file not specifically covered by these guidelines. A party may view exhibits but NOT take a photocopy without an order of the presiding Magistrate. A party may view transcript but NOT take a photocopy of it. (Pursuant to section 13 of the Records of Depositions Act, parties may apply in writing for a copy of the transcript and, upon payment of the prescribed fees, a copy will be provided.) 104 Chief Magistrate’s - Memoranda to Practitioners (cont) d) A party may NOT have access to the following documents . . . file notes (written by staff or Magistrates) bench sheets subpoenaed documents or other documents not yet in evidence, without an order of the Registrar or a Magistrate correspondence, without leave of the Registrar or a Magistrate. (Access by parties to the correspondence section of a Court file is generally denied. However in some cases it may be appropriate for a party to view correspondence from another party to the Court. Parties seeking to view correspondence should make a request to the Registrar.) . Access to non-party A non-party may NOT have access to any documents. (NB ss 33, 97 and 97A of the Community Welfare Act.) Procedure Documents and files cannot be removed from the Registry. Access to a document or file may be subject to a search fee. Photocopying costs are to be borne by the person copying the documents. Photocopying by Court staff will be charged at $0.60 per page. I.L Gray Chief Magistrate 24 June 1996 6. Subject: Signature Stamps (Court of Summary Jurisdiction) The following guidelines will apply from 1 November 1996. Background Sometimes documents to be signed by the Clerk of the Court of Summary Jurisdiction are numerous and it may be quicker and more convenient for the Clerk to sign the documents, after checking, with a signature stamp rather than by hand. Procedure Where documents referred to in the Justices Act and Regulations are required to be signed by a Clerk of the Court of Summary Jurisdiction, those documents may be signed by a Clerk by means of a rubber stamp containing a facsimile of that Clerk's signature. I L Gray Chief Magistrate 21 October 1996 105 INDEX TO PRACTICE DIRECTIONS - LOCAL COURT ACT No Subject Page Applications under the Adoption of Children Act Date signed 23. 8.1995 1. 2. Section 51 of the Tenancy Act 10.10.1995 111 3. Interlocutory applications 10.10.1995 111 4. Access to Magistrates’ Courts files (civil) 24.6.1996 111 5. 22.8.1996 112 6. Consent agreements under the Crimes (Victims Assistance) Act Signature stamps 21.10.1996 114 7 Crimes (Victims Assistance) Applications 27.11.1996 114 8 29 4.1997 119 9 Crimes Victims Assistance Applications – Dispensation with service Ex tempore and oral decisions 16.12.1997 119 10 Address for service 24.2.1998 120 11 Costs of mediation 1.6.1998 120 12 Evidence by Video Conference 9. 6.1998 121 13 Professional fees for claims less that $5,000.00 13.7.1998 126 14 Caseflow Management 6.10.1998 127 15 2.12.1998 127 16 Transfer of matters between Local Court and Small Claims jurisdictions Applications for stay of execution 2.12.1998 128 17 Ceasing to act 2.12.1998 129 18 Consent agreements 2.12.1998 130 19 Applications vide the Defacto Relationships Act 2.12.1998 130 20 Applications under section 102AA of the Motor Vehicles 30.12.1998 131 21.10.1999 135 7.4.2000 135 13.11.2000 136 107 Act 21 Summons to witness for service interstate 22 Crimes Victims Assistance Act – Appointment of Litigation Guardian Early return of summons to produce documents 23 106 Chief Magistrate’s Practice Directions – Local Court (Cont) PRACTICE DIRECTIONS - LOCAL COURT ACT 1. Subject: Applications under the Adoption of Children Act Rule 6(2) of the Local Court (Adoption of Children) Rules requires the Registrar, on the filing of an application for adoption, to fix a date and time for the hearing of the application. Pursuant to section 21 of the Local Court Act, I direct as follows: 1. On the filing of an application for an order for adoption under the Adoption of Children Act, the Court will fix a date and time for a pre-hearing conference before a Registrar. 2. Parties are to attend the pre-hearing conference either in person, or by a legal practitioner, and are to be in a position to discuss any issues arising out of the attached checklist. 3. At a pre-hearing conference, the presiding Registrar may:- 4. a) give such directions as he or she thinks fit for the expeditious determination of the application; b) of his or her own motion, or on application by a party (i) adjourn the conference and fix a date for the adjourned conference; or (ii) fix a date for the hearing of the application. After (a) pre-hearing conference(s), the Registrar who presided at the (final) conference shall forward the completed checklist and a covering report to the Magistrate hearing the application. I.L. Gray Chief Magistrate 23 August 1995 107 Chief Magistrate’s Practice Directions – Local Court (Cont) ADOPTION OF CHILDREN ACT Check List Section Requirement 38 & 17(2) The Minister is satisfied the applicants are suitable to adopt the child Applicants have given not less than 21 days notice of the application to the Minister Within 7 days of receipt of notice the Minister has given notice to required people Whether anybody (and who) has advised the Minister of a wish to be a party Within 7 days of receipt of advice the Minister has notified the applicants Notice of application given to all persons the Court thinks necessary The Court does not consider it necessary to join any person as a party At the time of filing the application each of the applicants was resident or domiciled in the Northern Territory At the time of filing the application the child was present in the Northern Territory The adoption will promote the welfare and interest of the child Having regard to the ethnicity and religion of the birth parents, the adoption will promote the welfare and interest of the child Where the child is an Aboriginal child, recognition has been given to the matters in clause (2) of Schedule 1 There has been appropriate consultation with the child's parents etc as required by clause (3) of Schedule 1 Whether the birth parents have expressed any (and what) wish for the child to be placed with a family that has particular religious convictions A report in writing from the Minister has been received concerning the proposed adoption The applicants are suitable to adopt the child 39(1) 39(2) 39(2) 39(3) 39(5) & 32(2) 40(2) 6(1)(a) 6(1)(b) 8(1) & 41(1)(a) 8(2) & Schedule 1 8(2) & Schedule 1 8(2) & Schedule 1 8(2) & Schedule 1 41(1) 41(1)(b) Comment 108 Chief Magistrate’s Practice Directions – Local Court (Cont) 41(1)(b) 13(1)(a) 16(1)(a) 16(1)(b) 16(2) 12(1)(a) 12(2) 41(1)(c) 10(1) 10(2)(a) 10(2)(b) 27 29 29 The applicants satisfy the requirements of the Act The applicants are a man and a woman married to each other for not less than 2 years The applicants have attained the age of 25 The applicants are not less than 25 years older than the child If the child is the first child of the applicants, neither applicant is more than 40 years older than the child The child has not attained the age of 18 years The child has not been married or lived in a de facto relationship The Minister has ascertained and taken into account the wishes, if any, of a parent of the child The Court is satisfied that as far as practicable having regard to the age and understanding of the child the wishes and feelings of the child have been ascertained and due consideration given to them Where the child has attained the age of 12, the child consents to the adoption Where the child has attained the age of 12 and has not consented, there are special reasons related to the welfare and interest of the child why the order should be made Consent to the adoption by each birth parent has been given If the child is a non-citizen child then no consent of the birth parent is required In respect to a non-citizen child the Minister has consented to the adoption 109 Chief Magistrate’s Practice Directions – Local Court (Cont) 29 Where a non-citizen child and the Minister consents to an adoption, the Minister's consent is accompanied by a written declaration signed by the Minister that either: . each parent or guardian has given consent before the child commenced the journey to Australia; or . each parent or guardian is dead or cannot, after reasonable enquiry, be found 110 Chief Magistrate’s Practice Directions – Local Court (Cont) 2. Subject: Section 51 of the Tenancy Act The following practice direction is issued pursuant to section 21 of the Local Court Act and will apply from 1 November 1995. When giving a lessee written notice under section 51(1)(b) of the Tenancy Act of the lessor's intention to apply to the Court for an order terminating the lease, the Notice of Intention shall inform the lessee of the time, date and place of hearing of the application. I.L. Gray Chief Magistrate 10 October 1995 3. Subject: Interlocutory applications The following practice direction is issued pursuant to section 21 of the Local Court Act and will apply from 1 November 1995. If practitioners anticipate that argument on an interlocutory application will exceed 30 minutes, practitioners are to advise the Court-Coordinator by close of business the previous working day with an estimate of the time required. I.L. Gray Chief Magistrate 10 October 1995 4. Subject: Access to Magistrates’ Courts files (civil) Local Court (Local Court jurisdiction, Small Claims jurisdiction) The following practice direction, governing access to Local Court files by parties and members of the public, is issued pursuant to section 21 of the Local Court Act and will apply from 1 July 1996. This practice direction rescinds the memoranda dated 2 September 1995 and 12 October 1995 in respect of Local Court files. Access by party a) A party may view and take a photocopy of any document on file not specifically covered by this practice direction. b) A party may view transcript but NOT take a photocopy of it. (Pursuant to section 13 of the Records of Depositions Act, parties may apply in writing for a copy of the transcript and, upon payment of the prescribed fees, a copy will be provided.) 111 Chief Magistrate’s Practice Directions – Local Court (Cont) c) A party may NOT have access to the following documents – . file notes (written by staff or Magistrates) . bench sheets . subpoenaed documents or other documents not yet in evidence, without an order of the Registrar or a Magistrate . correspondence, without leave of the Registrar or a Magistrate (Access by parties to correspondence section of a Court file is generally denied. However in some cases it may be appropriate for a party to view correspondence from another party to the Court. Parties seeking to view correspondence should make a request to the Registrar. Access by non-party Access by non-parties is governed by section 12(3) of the Local Court Act which restricts access to orders only (interlocutory and final orders). Procedure . . . 5. Documents and files cannot be removed from the Registry. Access to a document or file is subject to a search fee. Copying costs are to be borne by the person copying the documents. Photocopying by Court staff will be charged at $0.60 per page. I.L. Gray Chief Magistrate 24 June 1996 Subject: Consent Agreements - Crimes (Victims Assistance) Act The following practice direction is issued pursuant to section 21 of the Local Court Act and will apply from 1 September 1996. Background Parties on agreeing the terms of an order (interlocutory or final) frequently request not to attend Court on a date set for the hearing of the application or claim. Parties to a Crimes (Victims Assistance) application can only “settle” the matter or “consent” to final orders in accordance with section 10A of the Crimes (Victims Assistance) Act. Procedure . On the filing of a written application for an order or direction under r9(6) of the Local Court (Crimes (Victims Assistance)) Rules, together with the written consent of all other parties, it is in the discretion of the Registrar whether: - 112 Chief Magistrate’s Practice Directions – Local Court (Cont) i) to make the order on the information provided, (eg supporting affidavits), in the absence of the parties; or ii) to refer the application to a Magistrate in the interlocutory list. . If the application had been set down for hearing at a mention date and the consent is filed by close of business the previous working day, the Registrar may issue the consent order and vacate the mention date. If the consent documents are not filed by close of business the previous working day, the parties must appear before a Magistrate or Registrar on the mention date. . The Registrar may make consent orders at a mention in accordance with r9(6) of the Local Court (Crimes (Victims Assistance)) Rules. . On the filing of a section 10A consent agreement, the Registrar may issue an assistance certificate, if satisfied that agreement has been reached, or may refer the consent agreement to a Magistrate. If the application had been set down for hearing and the section 10A consent agreement is filed by close of business the previous working day, the Registrar may issue an assistance certificate and vacate the hearing date. If the matter settles but the consent agreement is not filed by close of business the previous working day, the parties must appear before the Court (Magistrate or Registrar) on the hearing date and file the consent agreement in Court. It is up to the parties to check with the Registrar as to whether the consent order has been made and the hearing date vacated. If the hearing date has been vacated, the parties are not required to attend Court on the hearing date. However if the hearing date has not been vacated, the parties must attend Court. I.L. Gray Chief Magistrate 22 August 1996 113 Chief Magistrate’s Practice Directions – Local Court (Cont) 6. Subject: Signature Stamps The following practice direction is issued pursuant to section 21 of the Local Court Act and to section 50 of the Small Claims Act and will apply from 1 November 1996. Background Sometimes documents to be signed by the Registrar are numerous and it may be quicker and more convenient for the Registrar to sign the documents, after checking, with a signature stamp rather than by hand. Procedure Where documents referred to in the Local Court Rules, Small Claims Rules or the Local Court (Crimes (Victims Assistance)) Rules are required to be signed by the Registrar, those documents may be signed by the Registrar by means of a rubber stamp containing a facsimile of the Registrar's signature. I L Gray Chief Magistrate 21 October 1996 7. Subject: Crimes Victims Assistance Applications The following practice direction, issued pursuant to section 21 of the Local Court Act, rescinds the practice direction dated 12 October 1995 and will apply from 1 January 1997. Background The procedures prescribed by this practice direction will be incorporated in proposed new legislation. The Crimes (Victims Assistance) Act is to be amended to provide that the applicant, the Territory, and an offender who has filed a Notice of Address for Service will be parties to proceedings. New rules will require supporting material to be served on all parties (ie the Solicitor for the Northern Territory and an offender who has filed a Notice of Address for Service), unless the Court orders otherwise. (Generally, all parties are entitled to access information before the Court. However, there may be circumstances where it is inappropriate for an offender to have access to certain information eg. in a medical report.) Until the new rules are in force, the full cooperation of practitioners with the procedures set out in this practice direction is requested. Procedure APPLICATIONS FOR ASSISTANCE An applicant must file the appropriate application for an assistance certificate. Supporting documents are not required to be attached to the application. 114 Chief Magistrate’s Practice Directions – Local Court (Cont) Service on the offender A copy of the application must be served on the offender in accordance with the Local Court (Crimes (Victims Assistance) rule 7. The copy served on the offender should have attached to it: 1) A copy of the below form entitled “What To Do When You Get An Application”. 2) A copy of a Notice of Address for Service in the below format. Service on the Solicitor for the Northern Territory A copy of the application must be served on the Solicitor for the Northern Territory. At the same time as service of the application, the applicant should also serve: 1) an authority signed by the applicant and directed to each medical practitioner, institution or person providing relevant treatment to the applicant, authorising the Solicitor for the Northern Territory to inspect and copy such records as may be in the possession, custody or power of the medical practitioner, institution or person; 2) an authority signed by the applicant authorising the Commissioner of Police to release to the Solicitor for the Northern Territory a copy of any statement (including any audio and/or video tape containing the applicant’s statement) made by the applicant to police, as well as any other object or document in the possession of the police relating to the alleged offence or the applicant’s injuries. Notice of Address for Service An offender, served with an application, shall file and serve a Notice of Address for Service within 7 days of the date of service of the application. A copy of the Notice must be served on the applicant and on the Solicitor for the Northern Territory. In accordance with the below form, a Notice of Address for Service shall state . . . the offender's address for service the name and address of the offender's legal practitioner, if any if the offender intends to defend the application, the grounds for defending the application If the offender intends to raise issues of contributory conduct of the victim within the meaning of section 10 of the Act, details of that contributory conduct or any other matters considered relevant. An offender who does not file a Notice of Address for Service may not be entitled to access to information (such as medical reports) to be relied on by the applicant. 115 Chief Magistrate’s Practice Directions – Local Court (Cont) Applications out of Time An application for an assistance certificate which is out of time must contain an endorsement to the effect that an application for extension of time will be made. An application for extension of time should be filed at the same time as the endorsed application for assistance and must be supported by an affidavit setting out the reasons for the delay. The application for extension of time, the supporting affidavit and the endorsed application for assistance must be served personally on the Solicitor for the Northern Territory and, where his or her identity is known, on the offender. An application for extension of time will be dealt with either at the mention date or in Court. Supporting Material An applicant must file, separate from the application, but as early as possible and not less than 7 days before the first mention date, the following: 1) 2) 3) 4) an affidavit or statutory declaration in support of the application; certificate(s) of conviction (if the offender has been convicted of an offence relating to the application) or advice from the Police as to the current state of any prosecution or investigation; all medical and other relevant reports in the possession of the applicant relating to the applicant’s claim and on which the applicant intends to rely at the hearing; and documents supporting expenses claimed, loss of earnings, loss of clothing etc. Unless the applicant has a reasonable excuse for not filing the supporting material in the time required, an order that each party bear their own costs of the attendance at the mention dates is likely to be made. A copy of the supporting documents filed by the applicant must be served as soon as practicable on:. the Solicitor for the Northern Territory . any offender who has filed a Notice of Address for Service, unless an application is made for an order restricting access to the offender. Applications to Restrict Access by the Offender to certain Documents An applicant may apply for an order restricting access by an offender who has filed a Notice of Address for Service to certain material in the supporting documents. The application must be supported by an affidavit setting out the reasons for the application. The application and the supporting affidavit must be served on the Solicitor for the Northern Territory and on any offender who has filed a Notice of Address for Service. Unless the order is consented to by all parties, the application will be listed before a Magistrate on an "interlocutory applications" date. I L Gray Chief Magistrate 27 November 1996 116 Chief Magistrate’s Practice Directions – Local Court (Cont) IN THE LOCAL COURT AT DARWIN Application No: BETWEEN Applicant AND NORTHERN TERRITORY OF AUSTRALIA First Respondent AND Second Respondent NOTICE OF ADDRESS FOR SERVICE To the REGISTRAR, and to the APPLICANT whose address for service is and to the NORTHERN TERRITORY OF AUSTRALIA, c/- Solicitor for the Northern Territory, 45 Mitchell Street, Darwin I, (full name) of (address) the * Second Respondent named in this application, advise that I: ï‚· * want /* do not want to be involved in the determination of this application by the Court. ï‚· * agree /* do not agree that I committed an offence which * injured the applicant /* caused the death of the victim; ï‚· * agree /* do not agree that the death or injuries stated in the application resulted from the offence I committed; ï‚· * believe /* do not believe that the applicant's conduct contributed to * the injuries suffered by the applicant /* the death of the victim; * believe /* do not believe that there is other relevant material which should be brought to the Court's attention, being (give details of the contributory conduct or other relevant matters) This notice was filed by * the * Second Respondent in person * for the * Second Respondent by (name and business address of legal practitioner) The * Second Respondent's address for service of documents is Dated:……………………………… …………………………………………. Signed * Delete if inapplicable 117 Chief Magistrate’s Practice Directions – Local Court (Cont) Crimes (Victims Assistance) Act WHAT TO DO WHEN YOU GET AN APPLICATION You have been served with an application under the Northern Territory Crimes (Victims Assistance) Act. The applicant is applying to the Court for payment of compensation (up to $25,000) for injuries suffered as a result of a crime you are alleged to have committed. If the Court orders that money is to be paid to the applicant, the Northern Territory will pay that money. If you have been convicted of the offence which caused injuries to the applicant, the Northern Territory may seek to recover from you the amount paid. If you want to have a say in the determination of this application by the Court, you should within 7 days: 1. 2. 3. 4. fill in the attached form (Notice of Address for Service), send the original of it to the Court, send one copy of it to the applicant at his/her address for service, send one copy of it to the Solicitor for the Northern Territory, 45 Mitchell Street Darwin NT 0801. The Court will then notify you of the date this application will be dealt with. DO NOT IGNORE THIS OR THE COURT MAY MAKE AN ORDER WITHOUT FURTHER NOTICE TO YOU If you do not understand what you need to do, or you want legal advice, you should contact: ï‚· a legal practitioner (look under "Solicitors" in the Yellow Pages) ï‚· The Law Society, who can refer you to a legal practitioner phone: 8981 5104 ï‚· Northern Territory Legal Aid Commission Darwin: phone-8999 3000 Alice Springs: phone- 8951 5377 Katherine: phone-8973 8704 ï‚· Aboriginal Legal Aid Darwin: Alice Springs: Katherine: Tennant Creek: phone- 8981 5266 phone- 8952 2933 phone-8972 1133 phone-89 62 1332 ï‚· a Registrar of the Local Court 118 Chief Magistrate’s Practice Directions – Local Court (Cont) 8. Subject: Crimes Victims Assistance Applications – Dispensation with service This practice direction is issued pursuant to section 21 of the Local Court Act and will apply from 1 May 1997. Background Section 6(2) of the Crimes (Victims Assistance) Act enables the Court to dispense with service on an offender of an application for assistance. Procedure An application for dispensation with service should be made using form 20A of the Local Court Rules, accompanied by an affidavit in support. The affidavit in support must attest to the attempts which have been made to find and/or serve the offender/s. Ordinarily an order for dispensation will not be made unless the affidavit shows that the following searches have been made and have proved fruitless. The searches to be made are : 1. 2. 3. 4. Motor vehicle registry Electoral roles of the Northern Territory and all States of Australia Telstra directory assistance (local and national) Berrimah Prison and Alice Springs Prison if offender is believed to be in custody Note: While compliance with this procedure will usually be a prerequisite for an order dispensing with service, the Court retains a discretion whether or not to grant dispensation. In some cases, further information may be required. In others, an order for substituted service may be appropriate. I L Gray Chief Magistrate 29 April 1997 9. Subject: Ex tempore and oral decisions The following practice direction is issued pursuant to section 21 of the Local Court Act and will apply from 1 January 1998. Background It has become fairly common practice for Magistrates to give ex tempore or oral decisions and thereby not giving the parties a written decision to which to refer and/or review. 119 Chief Magistrate’s Practice Directions – Local Court (Cont) Procedures When the Magistrate delivers an oral and/or ex tempore decision then that Magistrate will order that a transcript of that decision be placed on the file and made available to the parties. If the Magistrate does not make the appropriate order then the parties should request the order be made. Such request will be granted unless the Magistrate has good reason why not to grant the request. I.L. Gray Chief Magistrate 16 December 1997 10. Subject: Re: Address for Service The following practice direction is issued pursuant to section 21 of the Local Court Act and will apply from 24 February 1998. Background It is evident that the practice of solicitors endorsing Statements of Claims drawn by Debt Collection agencies is continuing. Apart from possible ethical difficulties with this practice, practical problems have arisen. Sometimes these statements of claim refer to a particular solicitor or firm as being on the record, but state the address for service to be the address of the Debt Collection Agency. Procedure If a solicitor is on the record for a party then it is that solicitor’s address which shall be that party's address for service. Any statement of claim which has an endorsement saying otherwise will be rejected by registry staff as incorrect. Hugh Bradley Chief Magistrate 24 February 1998 11. Subject: Costs of Mediation The following practice direction is issued pursuant to section 21 of the Local Court Act and will apply from 1 June 1998. Background With the advent of the amended Local Court Rules and the power of the Court to refer the matter to mediation, a question has arisen over the costs of that mediation. The question is who will bear the costs of the mediation should it fail and the matter continue to hearing? Are those costs of the mediation a cost recoverable as a cost of the litigation? 120 Chief Magistrate’s Practice Directions – Local Court (Cont) Procedure It is in the discretion of the Court to decide whether the costs of the mediation are claimable, however, as a guideline, those costs will not be claimable. Each party will bear their own costs of the mediation unless the court otherwise orders. It will be up to the successful party to convince the Magistrate presiding that these costs should be part of the costs in the cause. Hugh Bradley Chief Magistrate 1 June 1998 12. Subject: Evidence by Video Conference The following practice direction is issued pursuant to section 21 of the Local Court Act and section 95 of the Work Health Act and will apply from 9 June 1998. Background The procedures prescribed by this practice direction are designed to ensure that matters in the Local Court and Work Health jurisdictions are dealt with as efficiently and effectively as possible. Video conferencing facilities are now available in both Alice Springs courthouse and Nichols Place. Video conferencing arrangements are to be made and confirmed to the court as far in advance of the hearing as is reasonably possible. It is not acceptable to wait until the commencement of the hearing to notify the presiding Magistrate that some evidence will be given by the use of video conference facilities. Procedures When it is proposed to adduce evidence by use of video conference facilities1. The party seeking to adduce evidence in that way shall, whenever possible, apply at a pre-hearing conference for an order that evidence of a particular witness be given by use of video conference facilities and advise of any arrangements that have been made. 2. If the party is unable to apply at a pre-hearing conference, then the party shall apply by way of letter to the Judicial Registrar/Registrar, serving a copy on the other party on the same day. 3. Unless another party objects in writing, within 7 days of the date of the application, to the use of the video conference facilities, the Registrar may make the order. 4. If another party objects to the use of the video conference facilities,. the application shall be listed before the Registrar or a Magistrate. 121 Chief Magistrate’s Practice Directions – Local Court (Cont) 5. 6. 7. An application may be heard either – (a) by the Registrar or by a Magistrate; and (b) in a pre hearing conference or in open court. The court may give directions in respect of the following matters:– (a) which witnesses can give evidence by video conference; (b) whether the evidence in chief of the witness at any subsequent video conference shall be confined to the witness statement; (c) the date, time and place of the video conference; and (d) any other matter as it thinks fit. The party adducing evidence by use of video conference facilities shall:(a) arrange and pay for the booking of the necessary facilities at both ends and all other associated costs and expenses NOTE: wherever possible the court facilities should be used. (b) the party should contact the other facility and make the booking then ask that facility to ring the head of the Orderlies Section on (08) 8999 6085 to liaise with that person as to whether those times are suitable to the court. (c) make the booking of the court facilities by filling in the attached form; and (d) provide a signed undertaking in the form attached. Hugh Bradley Chief Magistrate 9 June 1998 122 Chief Magistrate’s Practice Directions – Local Court (Cont) OFFICE OF COURTS ADMINISTRATION REQUEST FOR VIDEOCONFERENCE To: *The Registrar of the Court at ____________________________________ *The Sheriff of the Northern Territory delete if not applicable Videoconferencing facilities are requested for use in the following matter: _________________________________________________________________ (eg. 20012345 Smith Pty Ltd v Jones ) _________________________________________________________________ Other:_____________________________________________________________ Details of proposed VCF transmission: Day/Date: _______________________________________________________ Time to commence transmission: __________ Estimated duration: ____________ (Central Standard time) Location of remote site Contact details of remote site Name of witness/party at remote site Participants Venue Coram (if known) Number of witnesses to give DARWIN - ALICE SPRINGS evidence by videoconference KATHERINE Other 123 Chief Magistrate’s Practice Directions – Local Court (Cont) Are the following required? Services Indicate if required Remarks Recording of the videoconference on VCR (Not available at Alice Springs) Use of a document camera Fax/ telephone/ other I/We agree to reimburse the Office of Courts Administration for the cost of the videoconferencing transmission in respect of the above matter, including the cost of transmission during the testing of the videoconferencing set up. ____________________________________________ Date: 124 Chief Magistrate’s Practice Directions – Local Court (Cont) VIDEOCONFERENCING FEES (effective at 3 January 2001) TEST: $25.00 CANCELLATION FEE: $100.00 if cancelled less than 2 working days before the date of proposed videoconference. EQUIPMENT/ROOM HIRE: $200.00 for the first hour or part thereof and then $25.00 for each additional 15 minutes. TRANSMISSION COSTS (estimated) Local & National $108.00 first hour or part thereof then $27.00 per 15 minutes or part thereof International Charges will vary according to locality. A DEPOSIT OF $125.00 IS REQUIRED WHEN FILING EACH ‘REQUEST FOR VIDEOCONFERENC’. CHEQUES SHOULD BE MADE PAYABLE TO ‘THE RECEIVER OF TERRITORY MONIES’. ALL MONIES NOT UTILISED WILL BE RETURNED TO THE PARTY FILING THE REQUEST FOR VIDEOCONFERENCE. 125 Chief Magistrate’s Practice Directions – Local Court (Cont) 13. Subject: Professional fees for claims less than $5,000.00 The following practice direction is issued pursuant to section 21 of the Local Court Act and will apply from 1 July 1998. Background There have been many queries about the application of costs to matters commenced in the Local Court for an amount less than $5,000.00. Rule 38 of the new Local Court Rules sets out guidelines in relation to costs. Those guidelines indicate that costs will not normally be awarded in relation to matters where the claim is for less than $5,000.00. This corresponds with the Small Claims jurisdiction where all claims for less than this amount must now be commenced. (section 14(7) of the Local Court Act.) Rule 1.04(3) allows the court to apply rule 38 guidelines to matters commenced in the Local Court prior to the 1 June changes. Procedure Costs will only be awarded for Local Court matters in two instances: . where an order is made that the old rules are to apply in accordance with rule 1.04(3); or . where the court makes an order departing from the guidelines. The criteria for departing from the guidelines are set out in rule 38.04 These orders would generally be made on application and any such application would have to be supported by material as to why the ordinary rule should be departed from. In relation to professional fees upon default judgment and registration of interstate judgments, where the default judgment or interstate judgment is for a claim for less than $5,000.00, the Court will apply the guidelines and professional fees will not be allowed unless the party applies for one of the orders referred to above. Hugh Bradley Chief Magistrate 9 June 1998 126 Chief Magistrate’s Practice Directions – Local Court (Cont) 14. Subject: Caseflow Management The following practice direction is issued pursuant to section 21 of the Local Court Act and section 95 of the Work Health Act to apply from 1 October 1998 to Courts in Darwin and Alice Springs. Back ground Despite the best efforts of the Court, there are still matters coming to hearing which are adjourned or delayed because counsel involved have decided that pleadings require amendments, discovery is incomplete, witnesses are unavailable etc. Counsel are often not briefed until shortly before the hearing, or if they are briefed in good time, it is often the case that they do not turn their minds to the case until shortly before the hearing. The following procedure is to address this problem. Procedure Where a matter has been set down for a hearing of more than one day, it will then be referred to the List Clerk who will allocate the matter to a Magistrate. That Magistrate may call a confirmatory hearing, to be held in court or chambers at any time before the hearing date. At this hearing, parties will be expected to answer any questions that Magistrates may have about the preparedness of the matter, Please note that this procedure does not take the place of pre-hearing conferences, at which the parties must also convince the court of the preparedness for hearing, prior to the matter being set down. Hugh Bradley Chief Magistrate 6 October 1998 15. Subject Transfer of matters between Local Court and Small Claims jurisdictions The following practice direction is issued pursuant to section 21 of the Local Court Act and section 50 of the Small Claims Act. It rescinds the practice direction dated 16 February 1995 and will apply from the date of this practice direction. Background Section 23 of the Small Claims Act gives the court power to order that a small claim for an amount greater than $5,000.00 be dealt with as if it had been commenced under the Local Court Act. Section 24 empowers the court to order that a claim under the Local Court Act be dealt with as if commenced under the Small Claims Act. Both sections 23 and 24 require the court to be satisfied, before making an order for transfer, that such an order would not be unfair to any of the parties to the proceedings. Procedure The court may have regard to the following matters when exercising its jurisdiction in relation to transfer between the Local Court and the Small Claims Court: 127 Chief Magistrate’s Practice Directions – Local Court (Cont) . , . . . . . 16. the complexity of the issues involved in the claim, both factual and legal;. the need for any interlocutory steps; the need for expert witnesses; the costs of the proceeding; the amount of the claim; the nature of the claim; and any other matters considered relevant to the court. Hugh Bradley Chief Magistrate 2 December 1998 Subject Applications for stay of execution The following practice direction is issued pursuant to section 21 of the Local Court Act and section 50 of the Small Claims Act. It rescinds the practice direction dated 23 August 1996 and will apply from the date of this practice direction. Background Rule 66.16 of the Supreme Court Rules provides that the court may stay execution of a judgment. Section 20 of the Local Court Act provides, inter alia, that an application to set aside a final order against a party who did not appear in the proceeding and that the proceeding be re-heard, does not operate as a stay of the final order unless – . the court so orders (section 20(3)); or . the final order was for the payment of money in which case the application for re-hearing operates as a stay of such much of the order as relates to the payment of money (section 20(4)). Neither Order 36 of the Local Court Rules nor Order 23 of the Small Claims Rules cover stay of execution when a party files an application for re-hearing. Procedure In the Local Court and Small Claims jurisdictions, where an application for an order to stay execution of a judgment is made, it shall be – . . . . in accordance with Form 23A in the Local Court or Form 14A in the Small Claims jurisdiction accompanied by a supporting affidavit setting out the reasons for staying execution served on the judgment creditor listed before the court as soon as possible but allowing enough time to enable service on the judgment creditor Hugh Bradley Chief Magistrate 2 December 1998 128 Chief Magistrate’s Practice Directions – Local Court (Cont) 17. Subject Ceasing to Act The following practice direction is issued pursuant to section 21 of the Local Court Act. It rescinds the practice direction dated 1 July 1996 and will apply from the date of this practice direction. Background Williams in “Civil Procedure – Victoria” states: “A solicitor shown by the court record to represent a party is responsible to that party, and responsible to the court for representing the party. The solicitor cannot assert at any stage of a proceeding that he or she does not act for a party who appears from the court record to be represented by him or her. A solicitor appearing from the court record to represent a party in a proceeding is normally bound to accept service of process and to attend, in person or by counsel, whenever the proceeding is called on for mention or hearing in the Court.” (pp. 3252-3) Local Court Rule 40.03(1) provides as follows : “Where a legal practitioner ceases to act for a party in a proceeding, unless a notice of change is filed and served under rule 40.01, the legal practitioner must without delay file a notice that he or she has ceased to act and serve a copy on all parties.” This rule is limited by rule 40.03(3) which provides: “Except with the leave of the Court, a legal practitioner must not file a notice under subrule (1) later than 56 days before the hearing of a proceeding.” Procedure A legal practitioner acting for a party may apply to the court for leave to cease to act pursuant to rule 40.03(s) by – . way of letter to the Registrar stating – (a) that the legal practitioner is applying pursuant to rule 40.03(3) leave to cease to act for the party; (b) the reason for applying; (c) how and when the party was advised of the proposed application to cease to act; and (d) how and when the party was advised of the date and place of the hearing. . filing a signed Notice of Ceasing to Act stating that the practitioner has ceased to act and the address of the party last known to the legal practitioner Where leave is granted to cease to act, a copy of the sealed Notice of Ceasing to Act shall be served on all parties without delay. Hugh Bradley Chief Magistrate 2 December 1998 129 Chief Magistrate’s Practice Directions – Local Court (Cont) 18. Subject Consent Agreements The following practice direction is issued pursuant to section 21 of the Local Court Act and section 50 of the Small Claims Act. It rescinds the practice direction dated 22 August 1996 and will apply from 1 December 1998. Background Parties who have come to an agreement the terms of an order (interlocutory or final) often request not to attend court on a date set for the hearing of the application or claim. There have been occasions on which parties have sought to adjourn or vacate a prehearing or conciliation conference without following formal procedures. Procedure . The Registrar will normally not exercise the discretion to issue a consent order and vacate an application or hearing date (Local Court Rule 36.06 and Small Claims Rule 21.06) unless the appropriate document is filed by 4.00 pm the previous working day . in most circumstances, a notice of consent or an endorsed application in accordance with the rules is required; . If the order sought is only an adjournment of pre-hearing conference or conciliation conference, a letter signed by both parties will be sufficient; . Neither telephone contact nor a letter signed by only one party is sufficient; . If the consent documents are not filed by 4.00 pm the previous working day, the parties must appear before the court at the appointed time. It is up to the parties to check with the Registrar as to whether the consent order has been made and the hearing date vacated. If the hearing date has been vacated, the parties are not required to attend court on the hearing date. However, if the hearing date has not been vacated, the parties must attend court. Hugh Bradley Chief Magistrate 2 December 1998 19. Subject Applications under the De Facto Relationships Act The following practice direction is issued pursuant to section 21 of the Local Court Act. It rescinds the practice direction dated 22 August 1996 and will apply from the date of this practice direction, Background Section 4 of the De Facto Relationships Act provides that – 130 Chief Magistrate’s Practice Directions – Local Court (Cont) “Jurisdiction to make orders and declarations and grant other relief under this Part is vested in – (a) the Supreme Court; and (b) subject to section 5, the Local Court.” Section 5 provides that the Local Court does not have jurisdiction to declare any title or right in respect of, or adjust any interest in, property of a value or amount which exceeds the jurisdictional limit within the meaning of the Local Court Act, unless the parties have consented in writing. The Local Court Rule 5.06 provides that “a proceeding is commenced by filing a statement of claim.” Procedure Proceedings in the Local Court for orders, declarations and other relief under Part 2 of the De Facto Relationships Act are to be commenced by filing a statement of claim. The statement of claim is to be served on the defendant and a defence filed in accordance with the Local Court Rules. On the filing of a notice of defence, the court shall fix a date for a conciliation conference and notify the parties in accordance with rule 32.01. The procedures and powers set out in Local Court Order 32 similarly apply. Hugh Bradley Chief Magistrate 2 December 1998 20. Subject: Applications under section 102AA Motor Vehicles Act The following Practice Direction is issued pursuant to section 21 of the Local Court Act and will apply from the date of this Practice Direction. Background: Section 102AA of the Motor Vehicles Act came into force in 1994. The section provides that a person who has committed an offence under sections 19 or 20 of the Traffic Act (DUI etc) must meet certain criteria before the Registrar of Motor Vehicles is entitled to grant that person a licence. In certain situations it is a requirement that the person obtain the approval of the Local Court to apply for the licence. The Local Court Statement of Claim (form 7A) is not convenient or appropriate for an application of this type and so the following directions are made to enable an appropriate course to be adopted. Procedures: 1. A person wishing to apply to the Local Court for an order under section 102AA may do so by filing an application in the form attached. 131 Chief Magistrate’s Practice Directions – Local Court (Cont) 2. The application should be accompanied by an affidavit setting out matters which the applicant wishes to bring to the courts attention including but not limited to: (a) the nature of the offence of which the applicant was found guilty, the date of conviction or order finding guilt and the period of disqualification; (b) any subsequent offences committed by the applicant which relate to the consumption of alcohol and (c) the courses and/or treatment undertaken by the applicant. (A suggested form of draft affidavit is attached to these directions). 3. A sealed copy of the application and affidavit must be served on the Registrar of Motor Vehicles and the Commissioner of the Northern Territory Police Force. 4. The applicant’s attention is drawn to the fact that the court may require medical or other evidence as to the applicant’s fitness to hold a licence. 5. An application shall not be heard and determined until 14 days after service in accordance with paragraph 3 above. 6. Should the Registrar of Motor Vehicles or Commissioner of the Northern Territory Police Force wish to place any information before the court they should do so by affidavit and file and serve a copy on the applicant 7 days prior to the hearing date. Hugh Bradley Chief Magistrate 30 December 1999 132 Chief Magistrate’s Practice Directions – Local Court (Cont) APPLICATION section 102AA(6) Motor Vehicles Act IN THE LOCAL COURT AT No In the matter of the Motor Vehicles Act Applicant The applicant seeks the approval of the Local Court for the purpose of making an application to the Registrar of Motor Vehicles for a licence to drive a * motor vehicle * commercial passenger vehicle * heavy vehicle (* Delete whichever is inappropriate). The applicant’s claim will be heard by the Court at at am/pm on or as soon afterwards as the business of the court permits. Filed: _______________________ Registrar To: The Registrar of Motor Vehicles The Commissioner of Police Take notice that if you have any interest in the claim of the abovenamed and wish to be heard, you should file and serve an affidavit disclosing the ground(s) upon which you rely no later than the close of business seven days prior to the hearing date. This application is filed by (full name of Applicant) whose address for service is 133 Chief Magistrate’s Practice Directions – Local Court (Cont) AFFIDAVIT section 102AA(6) Motor Vehicles Act IN THE LOCAL COURT AT No_________ In the matter of the Motor Vehicles Act Applicant I, (Full name) (occupation) OF: (Address) (date of birth) MAKE OATH AND SAY/SOLEMNLY AND SINCERELY AFFIRM THAT* 1. I am the applicant for an order approving an application for the grant of a licence to drive a * * * motor vehicle heavy motor vehicle commercial passenger vehicle 2. On the day of 20 , I was found guilty of (nature of offence) and was disqualified from holding a licence for a period of months from (date). 3. Since the date first referred to in paragraph 2 hereof, I have committed no/ the following* further offences, an element of which includes the consumption of alcohol: 4. Since the date first referred to in paragraph 2 hereof I have undertaken the following causes and/or treatment: 5. I wish to bring the following further matters to the attention of the court: Sworn/Affirmed* by the Deponent at on (date) ) (place) Before me: ) ) Deponent Witness (* delete as applicable) 134 Chief Magistrate’s Practice Directions – Local Court Act (Cont) 21 Subject: Summons to witness for service interstate The following practice direction is issued pursuant to section 21 of the Local Court Act and will apply from 1 November 1999. Background There has been come confusion in the past when a party must apply for leave to serve an interstate summons to witness. Under the Service and Execution of Process Act, leave is not required in most circumstances to serve a summons issued out of a State court anywhere in Australia (NB The Supreme Court Rules did contradict this proposal in rule 7.06, however, that has now been amended to only affect the service of summons outside of Australia) You now only require leave to serve a summons to witness interstate in the following circumstances; 1. When you are requiring a witness to appear in less than 14 days; and 2. When you are requiring the return of documents prior to a hearing date. Procedure In relation to the early return of documents, you are referred to the Practice Direction titled “Early return of summons for production” issued on the same date as this Direction. * In relation to the appearance in less than 14 days, the following procedure will apply: 1. An intra party interlocutory application should be filed with an affidavit in support and a copy of the intended summons. 2. The matter will be dealt with in an interlocutory applications list. Hugh Bradley Chief Magistrate 21 October 1999 *repealed and replaced on 13.11.2000 – Local Court Act Practice Direction No 23 22 Subject: Guardian Crimes Victims Assistance Act – Appointment of Litigation The following practice direction is issued pursuant to section 21 of the Local Court Act and will apply from 10 April 2000. Background Rule 15.01 of the Local Court Rules allows for the commencement of proceedings by way of Litigation Guardian for an infant or a person under a disability. There is no requirement to first make an application to the court, only the requirement of consent 135 Chief Magistrate’s Practice Directions – Local Court (Cont) etc pursuant to Rule 15.04. Section 5 of the Crimes Victims Assistance Act allows for an application to be filed on behalf of an infant or a person under a disability by “a person who in the opinion of the court is a suitable person to represent the interest of a victim.” In the past, some practitioners have made application to appoint litigation guardians prior to the commencement of proceedings. This is not strictly necessary. Procedure When an applicant requires the assistance of a litigation guardian, then that person should file an affidavit of the nominated litigation guardian along with the Application for Assistance. The affidavit should contain the following: 1) 2) 3) 4) 5) The consent of the person to be litigation guardian The fact that the person nominated has no interest adverse to that of the applicant The reason for the need of a litigation guardian The relationship the nominated person has with the applicant Other relevant matters such as references to bankruptcy, criminal history, legal capacity of the nominated litigation guardian etc. The matter will then be referred to a Judicial Registrar in chambers who will then either endorse the file as declaring the nominated person “suitable” or will call on the applicant for further information. Hugh Bradley Chief Magistrate 7 April 2000 23 Subject: Early return of summons to produce documents The following practice direction is issued pursuant to section 21 of the Local Court Act and will apply from 1 December 2000. Revocation The practice direction entitled “Early return of summons for production” dated 21 October 1999 is revoked. Background In the recent past, this Court has taken the view that the frequent use of the early return Summons to Produce was a misuse of court process. If a party required documents from persons not involved in the action, they were required to use the procedure for non-party discovery. In many jurisdictions however, including the Supreme Court of the Northern Territory, a practice has developed allowing Summonses to Produce to be used for the gathering of documents at any time of the proceeding. 136 Chief Magistrate’s Practice Directions – Local Court (Cont) In order to achieve some consistency with the practices of the Supreme Court, this Court will receive applications for the early return of a Summons to Produce Documents. It must always be remembered however, that a Summons to Produce Documents is an order of the Court and must not be used lightly. A failure to comply is punishable as a contempt of Court. From 1 December 2000 onwards, the following procedure should be followed. Procedure 1. Parties must apply for leave to issue a Summons to Produce Documents whenever they seek an early return – whether or not a hearing date has been fixed. 2. The application shall be by way of interlocutory application supported by an affidavit setting out why the documents are relevant to the issues before the Court. The application shall also be accompanied by a draft Summons to Produce which allows a reasonable time for the person to comply with the summons. The application is required to be on notice to the other parties to the proceeding. 3. If leave is granted: a) (b) (c) copy of the order and the Summons to Produce shall be served on each of the other parties to the action the party applying for the Summons must also serve upon the person summonsed a Notice in the form attached to this practice direction. This Notice shall be attached to the front of the summons upon filing, the party applying for the summons must also pay into court the costs of an express post bag for the return of the documents by the Court to the summonsed party 4. Upon the return date, and assuming the documents have been produced to the Court, the appropriate orders may be made – for example: (1) (2) (3) (4) The plaintiff/defendant have leave to inspect the documents returned by …………………………within 7 days with a view to ascertaining any claim for privilege. If there is a claim for privilege the plaintiff/defendant shall notify the other party in writing of any claim for privilege If there is no claim for privilege, the parties have leave to inspect and photocopy the documents returned within 21 days. Upon the expiry of 28 days, the Registrar shall arrange for the return of the documents to the person who produced the documents. 5. If the documents to be produced are medical records, then the issue of privilege and Section 12 of the Evidence Act shall be addressed before any access to the documents is granted. Hugh Bradley Chief Magistrate 13 November 2000 137 Chief Magistrate’s Practice Directions – Local Court (Cont) NOTICE Attached is a Summons to Produce issued by the Court on application by one of the parties. Please note the following: 1. You are not required to comply with this Summons to Produce Documents unless you have been provided with funds to reimburse you for the reasonable expenses of producing those documents. 2. If you regard those documents as confidential or subject to privilege, you may appear on the date and object to the production of them. 3. If you wish, you can return the documents to the Court prior to the specified date by sending them to the appropriate registry. 4. If the documents you are asked to produce are medical records, then you need to consider whether or not there is a claim for privilege over those documents. If you are claiming privilege, then you should advise the person who has had the summons issued. 5. Section 12(2) of the Evidence Act states: “a medical practitioner shall not, without the consent of his patient, divulge in any civil proceeding (unless the sanity of the patient is a matter in dispute) any communication made to him in his professional character by the patient and necessary to enable him to prescribe or act for the patient.” 6. If the proceeding is a work health matter and the documents you are required to produce are medical records, you should consider section 110B of the Work Health Act which provides that legal professional privilege does not apply over medical and hospital reports and that section 12(2) of the Evidence Act does not apply in work health matters. 7. Any questions you may have about compliance with the summons can be directed to the solicitor acting for the party issuing the summons or to the Court Registry staff. 8. In the ordinary course, the documents produced by you should be returned to you after one month by post bag. If you require the documents to be returned before that date, you should advise the Court of this fact at the time you produce the documents. 9. If you require the documents to be returned by any reasonable means other than by post bag, please advise the Court. 138 Chief Magistrate’s Practice Directions – Local Court Act (Cont) CHIEF MAGISTRATE’S PRACTICE DIRECTIONS SMALL CLAIMS ACT INDEX No Subject Date signed Page 1. Transfer of matters between Small Claims and Local Court jurisdiction 2.12.1998 140 2. Applications for Stay of Execution 2.12.1998 141 139 Chief Magistrate’s Practice Directions – Local Court (Cont) CHIEF MAGISTRATE’S PRACTICE DIRECTIONS SMALL CLAIMS ACT 1. Subject: Transfer of matters between Small Claims and Local Court jurisdiction The following practice direction is issued pursuant to section 21 of the Local Court Act and section 50 of the Small Claims Act. It rescinds the practice direction dated 16 February 1995 and will apply from the date of this practice direction. Background Section 23 of the Small Claims Act gives the court power to order that a small claim for an amount greater than $5,000.00 be dealt with as if it had been commenced under the Local Court Act. Section 24 empowers the court to order that a claim under the Local Court Act be dealt with as if commenced under the Small Claims Act. Both sections 23 and 24 require the court to be satisfied, before making an order for transfer, that such an order would not be unfair to any of the parties to the proceedings. Procedure The court may have regard to the following matters when exercising its jurisdiction in relation to transfer between the Local Court and the Small Claims Court: . the complexity of the issues involved in the claim, both factual and legal;. , The need for any interlocutory steps; . the need for expert witnesses; . the costs of the proceeding; . the amount of the claim; . the nature of the claim; and . any other matters considered relevant to the court. Hugh Bradley Chief Magistrate 2 December 1998 140 Chief Magistrate’s Practice Directions – Local Court (Cont) 2. Subject Applications for stay of execution The following practice direction is issued pursuant to section 21 of the Local Court Act and section 50 of the Small Claims Act. It rescinds the practice direction dated 23 August 1996 and will apply from the date of this practice direction. Background Rule 66.16 of the Supreme Court Rules provides that the court may stay execution of a judgment. Section 20 of the Local Court Act provides, inter alia, that an application to set aside a final order against a party who did not appear in the proceeding and that the proceeding be re-heard, does not operate as a stay of the final order unless: – . the court so orders (section 20(3)); or . the final order was for the payment of money in which case the application for re-hearing operates as a stay of so much of the order as relates to the payment of money (section 20(4)). Neither Order 36 of the Local Court Rules nor Order 23 of the Small Claims Rules cover stay of execution when a party files an application for re-hearing. Procedure In the Local Court and Small Claims jurisdictions, where an application for an order to stay execution of a judgment is made, it shall be:– . . . . in accordance with Form 23A in the Local Court or Form 14A in the Small Claims jurisdiction accompanied by a supporting affidavit setting out the reasons for staying execution served on the judgment creditor listed before the court as soon as possible but allowing enough time to enable service on the judgment creditor Hugh Bradley Chief Magistrate 2 December 1998 141 CHIEF MAGISTRATE’S PRACTICE DIRECTIONS JUSTICES ACT INDEX No Subject Date signed Page 1. Warrants of Distress 2.12.1997 143 2. Section 99 Applications 2.12.1997 143 3. Vacating of hearing dates 18.12.1997 143 4. Persons in the custody of the court 1.6.1998 144 5. Prisoners at risk 12.8.1998 145 142 CHIEF MAGISTRATE’S PRACTICE DIRECTIONS JUSTICES ACT 1. Subject: Warrants of Distress This Practice Direction is made pursuant to section 201 A of the Justices Act. From 8 December 1997 Warrants of Distress issued pursuant to section 86 of the Justices Act may be directed either to a Constable (being a member of the Northern Territory Police Force) or to a Bailiff appointed pursuant to Rule 1.17 of the Local Court Rules. I.L Gray Chief Magistrate 2 December 1997 2. Subject: Section 99 Applications This Practice Direction is made pursuant to section 201 A of the Justices Act. From 1 January 1998 section 99 Complaints will be dealt with as follows : . on the first mention (the return date stated on the Complaint) the matter will be mentioned and orders made by consent if possible . if the matter is not resolved on the first mention, then it will be adjourned for a hearing. I.L Gray Chief Magistrate 2 December 1997 3. Subject: Vacating of hearing dates This practice direction is made pursuant to section 201 A of the Justices Act. When a criminal prosecution has been set down for a contested hearing and it is later indicated by the defendant that he or she will be pleading guilty to one or more charges, the court will require the charges to be put and the plea or pleas of guilty to be entered before vacating the hearing date and making any other orders including orders for an adjournment for later submissions in mitigation and on penalty. This practice direction is to come into effect on 1 January 1998. I.L Gray Chief Magistrate 18 December 1997 143 Chief Magistrate’s Practice Directions –Justices Act (Cont) 4. Subject: Persons in the custody of the Court This practice direction is made pursuant to Section 201A of the Justices Act. 1. At any time a defendant on a charge is properly before a court he is in the custody of the court. This is so whether he; a) is brought to the court cells by the police or jail authorities; b) answers his bail undertaking to appear; c) surrenders himself to the court when a warrant is outstanding; or d) answers a summons. 2. Persons in the custody of the court are not to be permitted to leave the court complex until they are discharged or have satisfied the courts requirements for release. 3. Unless a magistrate or justice otherwise orders, a person in the custody of the court must remain under the supervision of the court and its officers and obey their directions. Court of Summary Jurisdiction 4. Persons in the custody of the Court of Summary Jurisdiction shall, upon being granted conditional orders of release, bail or amended bail conditions, be taken to and held in the cells or rooms reserved for the purpose to enable all conditions for their release to be satisfied. 5. A Magistrate or Justice may (with or without a request), make specific arrangements in relation to any individual defendant but otherwise these directions shall be enforced until rescinded or amended. Juvenile Court 1. 2. Subject to any specific order of a Magistrate the following arrangement shall be made with respect to juveniles who are in the custody of the Juvenile Court; a) juveniles not in the company of a parent or other adult guardian should remain in the back of the court until release papers are prepared and signed; b) juveniles accompanied by a parent or other adult guardian may remain in the court or wait in the foyer of the court until release papers are prepared and signed. Court staff should make the provisions of these directions known to juveniles and persons in whose company they may be. Hugh Bradley Chief Magistrate 1 June 1998 144 Chief Magistrate’s Practice Directions –Justices Act (Cont) Prisoners at Risk – Juvenile Court and Court of Summary Jurisdiction 5. Subject: 1. Where there is information available to a prosecutor or counsel for a defendant that that persons may be “at risk” if remanded into custody or committed to a prison, that information should be disclosed to the court as soon as possible. 2. Where the court is made aware that such information exists it may order that: - 3. 4. a) all persons responsible for the custody of the defendant be advised that the person may be “at risk”; b) note the court file to the effect the defendant may be “at risk” and/or c) that the information available to the court also be made available to those responsible for the custody of the defendant. Where the court takes any action under Clause 2 above:– a) the Registrar or his Deputy and subordinates shall cause notice of that fact and any relevant information to be communicated by phone and/or fax to the persons responsible for the defendant’s custody; b) endorse the warrant and other documentation going to the gaol with the works “at risk” plus any other comments requested by the presiding Magistrate; and c) all personnel shall ensure that the defendant is not left unsupervised whilst in the custody of the court. In this practice direction “at risk” includes a risk of suicide or self harm. Hugh Bradley Chief Magistrate 12 August 1998 145 CHIEF MAGISTRATE’S PRACTICE DIRECTIONS WORK HEALTH ACT INDEX No Subject Date signed Page 1. Interlocutory applications 10.10.1995 147 2. Attendance by telephone at prehearing conferences 12.10.1995 147 3. Answer 31.10.1995 148 4. Access to Magistrates’ Court files 24.6.1996 149 5. Interlocutory applications 22.8.1996 151 6. Consent agreements 22.8.1996 152 7. Dux Litis 30.11.1996 153 8 Taxation of costs 29.4.1997 154 9 Authentication of orders 11.7.1997 155 10 Ex tempore and oral decisions 16.12.1997 157 11. Evidence by Video Conference 9. 6.1998 157 12 Caseflow Management 6.10.1998 162 13 Summons to witness for service interstate 21.10.1999 162 14 Powers of Assistant Registrars 19.7.1999 162 15 Powers of Judicial Registrars 13.9.1999 163 16 Early return of summons to produce documents 13.11.2000 163 146 CHIEF MAGISTRATE’S PRACTICE DIRECTIONS WORK HEALTH ACT 1. Subject: Interlocutory applications The following practice direction is issued pursuant to section 95 of the Work Health Act and will apply from 1 November 1995. If practitioners anticipate that argument on an interlocutory application will exceed 30 minutes, practitioners are to advise the Court Coordinator by close of business the previous working day with an estimate of the time required. I.L. Gray Chief Magistrate 10 December 1995 2. Subject: Attendance by telephone at prehearing conferences The following practice direction is issued pursuant to section 95 of the Work Health Act and will apply from 1 November 1995. A. Background . Section 106 of the Work Health Act provides that a conciliation/directions conference be held with the parties who may appear in person or represented by any person. Section 107 of the Work Health Act provides that such a conference be held expeditiously and informally and the Court may, inter alia, give such directions as it thinks necessary for the expeditious determination of proceedings. . The procedures prescribed by the practice direction are designed to ensure that applications in this jurisdiction are dealt with as efficiently, expeditiously and effectively as possible at the prehearing stage. Proposed new rules will incorporate these new procedures. Until those rules are in force, the full co-operation of practitioners with the new procedures is requested. B. Procedure . A party may apply to the Court for an order or direction allowing the attendance of that party at a conciliation/directions conference by telephone. . The application must be made not less than 24 hours before the time and date set. . The application for telephone attendance may itself be made by telephone. 147 Chief Magistrate’s Practice Directions –Work Health Act (Cont) . The party applying for telephone attendance must have good reason for the application. . The Court may grant an application for telephone attendance without notice to any other party. . It is the responsibility of the party attending by telephone to contact the Court at the time and date set. It is not the responsibility of the Court to telephone the parties or to bear the costs of the telephone attendance. The Court may in its discretion telephone a party, eg if there is any doubt that the party was aware of the time and date, but only to advise what is happening. I.L. Gray Chief Magistrate 12 October 1995 Subject: Answer 3. The following practice direction is issued pursuant to section 95 of the Work Health Act and will apply from 1 November 1995. Background Rule 8(1) of the Work Health Court Rules provides that an employer, served with an application under section 104 of the Work Health Act for the recovery of compensation, shall file a Notice of Address for Service and attach to it a legible copy of the written advice of reasons for the employer’s decision to dispute liability required under section 85(9) of the Act to be supplied. Rule 14 of the Work Health Court Rules provides that a respondent, served with an application to the Court under sections 52, 74, 111, 132 or 167 of the Act, shall file an Answer. The procedures prescribed by this practice direction are designed to ensure that all matters in the work health jurisdiction are dealt with as efficiently and effectively as possible. Proposed new rules will incorporate these new procedure. Until those rules are in force, the full co-operation of practitioners with the new procedures is requested. Procedure An employer, served with an application under section 104 of the Work Health Act (Form 1), shall file an Answer in accordance with Form 4 of the Work Health Court Rules, within 7 days after the date of service of the application and attach to it a legible copy of the written advice of reasons for the employer’s decision to dispute liability required under section 85(9) of the Act. A copy of the Answer shall be served on the applicant as soon as practicable and in any case not later than 7 days after the date of filing. I.L. Gray Chief Magistrate 31 October 1995 148 Chief Magistrate’s Practice Directions –Work Health Act (Cont) Subject: Access to Magistrates’ Courts files 4. The following practice direction, to govern access to work health Court files by parties and members of the public, is issued pursuant to section 95 of the Work Health Act and will apply from 1 July 1996. This practice direction rescinds the memoranda dated 2 September 1995 and 12 October 1995 in respect of Work Health Court files. Access by party a) b) c) A party may view and take a photocopy of any document on file not specifically covered by this practice direction. A party may view transcript but NOT take a photocopy of it. (Pursuant to section 13 the Records of Depositions Act, parties may apply in writing for a copy of the transcript and, upon payment of the prescribed fees, a copy will be provided.) A party may NOT have access to the following documents . file notes (written by Magistrates or staff) . bench sheets . subpoenaed documents or other documents not yet in evidence, without an order of the Registrar or a Magistrate . correspondence, without leave of the Registrar or a Magistrate. (Access by parties to the correspondence section of a Court file is generally denied. However in some cases it may be appropriate for a party to view correspondence from another party to the Court. Parties seeking to view correspondence should make a request to the Registrar.) Access by non-party The Court reserves the right, to be exercised by the Registrar, to require a non-party requesting access to a file to give a justification, either written or oral, for their request. Whether to permit access remains in the discretion of the Registrar at all times. In respect of any documents not included in the practice direction, or where staff are unsure, the matter is to be referred to the Registrar for determination. a) A non-party may view and take a photocopy of:1. Pleadings . . . . Application/Statement of Claim Answer Request for further and better particulars; Further and better particulars. Notice of Addition of another employer; Notice of order of adding another employer; Notice to added Employer 149 Chief Magistrate’s Practice Directions –Work Health Act (Cont) b) c) d) 2. Representation . Notice of address for service; Notice of change of address for service . Notice of acting; Notice of ceasing to act; Notice of change of solicitor 3. Listing of matters . Notice of section 106 conference . Notice of hearing . Summons to witness 4. Concluded applications 5. Orders . orders/judgments . reasons for decision . Notice of Recording of Memorandum of Agreement, recorded Memorandum of Agreement, Notice of Direction by Court not to record a Memorandum of Agreement or to record it upon terms 6. Notices of Appeal 7. Enforcement . section 97(2) or (2A) certificate . certificate of taxation 8. Miscellaneous . affidavit of service . notice of discontinuance A non-party may view transcript but NOT take a photocopy of it. (Pursuant to section 13 of the Records of Depositions Act, a non-party may apply in writing for a copy of the transcript and, if the clerk or a Magistrate is satisfied that there is good reason for the non-party to be provided with a copy and upon payment of the prescribed fees, a copy will be provided.) A non-party may view exhibits but NOT take a photocopy without an order of the presiding Magistrate A non-party may NOT have access to the following documents 1. Affidavits in support of concluded interlocutory applications, without an order of the Registrar or a Magistrate 2. Current applications . interlocutory applications in respect of which a decision has not been given 3. Discovery . List or affidavit of documents . Notice to produce 150 Chief Magistrate’s Practice Directions –Work Health Act (Cont) 4. Interrogatories . interrogatories . answers to interrogatories, without an order of the Registrar or a Magistrate 5. Any document that the Court orders remain confidential 6. Evidentiary material (including medical reports) that has not been considered by the Court, such as subpoenaed documents or other documents not yet in evidence 7. Correspondence, file notes (written by Magistrates or staff), bench sheets Procedure . . . Documents and files cannot be removed from the Registry Access to a document or file may be subject to a search fee Photocopying costs are to be borne by the person copying the documents. Photocopying by Court staff will be charged at $0.60 per page I.L. Gray Chief Magistrate 24 June 1996 5. Subject: Interlocutory applications The following practice direction is issued pursuant to section 95 of the Work Health Act and will apply from 1 September 1996. Background Rule 33 of the Work Health Court Rules provides that, where a matter or thing relating to the conduct of the Court is not provided for by or under these Rules, the Chief Magistrate may give such directions in relation to that matter or thing as are considered appropriate. The Work Health Court Rules do not provide for procedures in respect of interlocutory applications. In particular, no time for service of such applications is given. The procedures prescribed by this practice direction are designed to ensure that matters in the work health jurisdiction are dealt with as efficiently and effectively as possible. Proposed new rules will incorporate these new procedures. Procedure Unless the Court otherwise orders, . an interlocutory application shall be supported by affidavit . all evidence shall be by way of affidavit. 151 Chief Magistrate’s Practice Directions –Work Health Act (Cont) Where a report of an expert medical witness is proposed to be placed before the Court it shall not be necessary for that expert to swear an affidavit annexing any such report if (a) (b) (c) the report is annexed to an affidavit from a party or representative of a party; a copy of any correspondence and documents placed before the medical expert to request or enable the report to be prepared is also annexed to such affidavit; and the qualifications of the medical expert appear sufficiently from the face of the report or are otherwise established in the affidavit to the satisfaction of the Court. Every interlocutory application and supporting affidavit shall be served by the applicant on all parties to whom it is addressed. An interlocutory application and supporting affidavit shall be served within a reasonable time before the day for hearing named in the interlocutory application, and in no case later than 2.00 pm on the day before the day for hearing or, where the office of the Court was closed on the day before the day for hearing, not later than 2.00 pm on the day the office was last open. A reasonable time for service of an interlocutory application for interim payments will depend on the amount of time and difficulty in getting instructions on the material in the supporting affidavits to answer the application. As a general guide, it is considered that one weeks notice of the application and supporting material is reasonable. The Court may, if it thinks fit, allow attendance by telephone or video-conference. I.L. Gray Chief Magistrate 22 August 1996 6. Subject: Consent Agreements The following practice direction is issued pursuant to section95 of the Work Health Act and will apply from 1 September 1996. Background When orders have been agreed between the parties, they frequently request not to attend Court on a hearing date. Parties to a work health claim can only “settle” a claim or “consent” to final orders in accordance with section 108 of the Work Health Act. 152 Chief Magistrate’s Practice Directions –Work Health Act (Cont) Procedure On the filing of a written application for an interlocutory order or direction (including interim determinations) under section 107(2) of the Work Health Act, together with the written consent of all other parties, it is in the discretion of the Registrar of the Work Health Court whether i) ii) to make the order on the information provided, (eg supporting affidavits, in the absence of the parties); or to refer the application to a Magistrate in the interlocutory list. If the application had been set down for hearing and the documents are filed by close of business the previous working day, the Registrar may issue the consent order and vacate the hearing date. If the consent documents are not filed by close of business the previous working day, the parties must appear before a Magistrate or Registrar on the hearing date of the application. If a matter has been set down for hearing and the parties “settle” the matter, the parties can file (a) a memorandum of agreement in accordance with section 108 of the Work Health Act; (b) a request/application in writing to vacate the hearing date and adjourn the matter sine die (for example, while the memorandum of agreement is prepared) together with the written consent of the other parties, by close of business the previous working day, and the Registrar of the Work Health Court may vacate the hearing date and adjourn the matter sine die. The procedures set out in section 108 of the Act are then followed. If the consent documents are not filed by close of business the previous working day, the parties must appear before the Court (Magistrate or Registrar of the Work Health Court) on the hearing date. It is up to the parties to check with the Registrar as to whether the consent order has been made and the hearing date vacated. If the hearing date has been vacated, the parties are not required to attend Court on the hearing date. However if the hearing date has not been vacated, the parties must attend Court. I.L. Gray Chief Magistrate 22 August 1996 7. Subject: Dux Litis The following practice direction is issued pursuant to section 95 of the Work Health Act and will apply from 1 January 1997. Procedure 1. In all cases involving an appeal by a worker against an employer’s decision under section 69 of the Act, the worker shall be dux litis on the evidence as a whole. 153 Chief Magistrate’s Practice Directions –Work Health Act (Cont) 2. At the conclusion of the evidence the employer bears the onus of proving (on the balance of probabilities) the matters raised in its Form 5 and any additional matters properly raised in its Answer. 3. In cases where the worker asserts that the employer’s decision was made without any basis then this issue may be determined (in an appropriate case) as a preliminary issue on affidavits only (with no cross-examination or oral evidence). In such cases the matter is to proceed on interlocutory application and will be listed in the Interlocutory List on a monthly basis. I L Gray Chief Magistrate November 1996 8. Subject: Taxation of costs The following practice direction is issued pursuant to section 95 of the Work Health Act and will apply from 1 May 1997. Background The Work Health cost rules do not provide for the serving of a Notice of Objection by the paying party to a bill of costs. While some practitioners have filed notices of objection regardless, others have not. The efficient running of taxations of costs relies on both parties being properly prepared for the taxation and for the taxing officer to have the assistance of submissions from parties of their objections to items in the bill. Procedure Parties wishing to object to any items claimed shall file and serve a formal notice of objection to such items at least 7 days prior to the taxation. The notice of objection shall refer to the individual items opposed in the order in which they appear in the bill of costs. The taxing officer will be entitled to assume that those items not objected to in a notice of objection are admitted provided always the taxing officer shall always have the discretion to allow or disallow items at his/her discretion. The taxing officer will also have the discretion to proceed with the taxation even if a notice has not been filed in accordance with this practice direction. I L Gray Chief Magistrate 29 April 1997 154 Chief Magistrate’s Practice Directions –Work Health Act (Cont) 9. Subject: Authentication of orders The following practice direction is issued pursuant to section 95 of the Work Health Act and will apply from 1 August 1997. Background When matters go to the Supreme Court on appeal, there is sometimes confusion about the actual orders made by the Work Health Court. To remedy that situation, the following procedure will apply to final orders made by the Court. Procedure At the conclusion of a Work Health hearing, the successful party must ,within 14 days, file a draft order in the attached format. The order will be settled by the Registrar and returned, if necessary, for amendment. At least 2 copies of the settled order must be filed at the Court and will be signed by the Magistrate who made the order. One copy will be retained on the Court file and the other returned to the party who filed it. I L Gray Chief Magistrate 11 July 1997 155 Chief Magistrate’s Practice Directions –Work Health Act (Cont) IN THE WORK HEALTH COURT AT DARWIN BETWEEN: Worker and Employer ORDER COURT: (Magistrate) DATE MADE: HOW OBTAINED: (eg at trial) APPEARANCE: OTHER MATTERS: THE COURT ORDERS THAT: 1. 2. DATE AUTHENTICATED: MAGISTRATE 156 Chief Magistrate’s Practice Directions –Work Health Act (Cont) 10. Subject: Ex tempore and oral decisions The following practice direction to govern access to Work Health Court files by parties and members of the public, is issued pursuant to section 95 of the Work Health Act and will apply from 1 January 1998. It has become fairly common practice for Magistrates to give ex tempore or oral decisions and thereby not giving the parties a written decision to which to refer and/or review. Procedures When the Magistrate delivers an oral and/or ex tempore decision then that Magistrate will order that a transcript of that decision be placed on the file and made available to the parties. If the Magistrate does not make the appropriate order then the parties should request the order be made. Such request will be granted unless the Magistrate has good reason why not to grant the request. I L Gray Chief Magistrate 16 December 1997 11. Subject: Evidence by Video Conference The following practice direction is issued pursuant to section 21 of the Local Court Act and section 95 of the Work Health Act and will apply from 9 June 1998. Background The procedures prescribed by this practice direction are designed to ensure that matters in the Local Court and Work Health jurisdictions are dealt with as efficiently and effectively as possible. Video conferencing facilities are now available in both Alice Springs courthouse and Nichols Place. Video conferencing arrangements are to be made and confirmed to the court as far in advance of the hearing as is reasonably possible. It is not acceptable to wait until the commencement of the hearing to notify the presiding Magistrate that some evidence will be given by the use of video conference facilities. Procedures When it is proposed to adduce evidence by use of video conference facilities1. The party seeking to adduce evidence in that way shall, whenever possible, apply at a pre hearing conference for an order that evidence of a particular witness be given by use of video conference facilities and advise of any arrangements that have been made. 157 Chief Magistrate’s Practice Directions –Work Health Act (Cont) 2. If the party is unable to apply at a pre hearing conference, then the party shall apply by way of letter to the Judicial Registrar/Registrar, serving a copy on the other party on the same day. 3. Unless another party objects in writing, within 7 days of the date of the application, to the use of the video conference facilities, the Registrar may make the order. 4. If another party objects to the use of the video conference facilities,. the application shall be listed before the Registrar or a Magistrate. 5. An application may be heard either – 6. 7. (a) by the Registrar or by a Magistrate; and (b) in a pre hearing conference or in open court. The court may give directions in respect of the following matters:– (a) which witnesses can give evidence by video conference; (b) whether the evidence in chief of the witness at any subsequent video conference shall be confined to the witness statement; (c) the date, time and place of the video conference; and (d) any other matter as it thinks fit. The party adducing evidence by use of video conference facilities shall(a) arrange and pay for the booking of the necessary facilities at both ends and all other associated costs and expenses NOTE: wherever possible the court facilities should be used. (b) the party should contact the other facility and make the booking then ask that facility to ring the head of the Orderlies Section on (08) 8999 6085 to liaise with that person as to whether those times are suitable to the court. (c) make the booking of the court facilities by filling in the attached form; and (d) providing a signed undertaking in the form attached. Hugh Bradley Chief Magistrate 9 June 1998 158 Chief Magistrate’s Practice Directions –Work Health Act (Cont) OFFICE OF COURTS ADMINISTRATION REQUEST FOR VIDEOCONFERENCE To: *The Registrar of the Court at ________________________ *The Sheriff of the Northern Territory delete if not applicable Videoconferencing facilities are requested for use in the following matter: _________________________________________________________________ (eg. 20012345 Smith Pty Ltd v Jones ) _________________________________________________________________ Other:____________________________________________________________ Details of proposed VCF transmission: Day/Date: _______________________________________________________ Time to commence transmission: __________ Estimated duration: ____________ (Central Standard time) Location of remote site Contact details of remote site Name of witness/party at remote site Participants Venue Coram (if known) Number of witnesses to give DARWIN - ALICE SPRINGS evidence by videoconference KATHERINE Other 159 Chief Magistrate’s Practice Directions –Work Health Act (Cont) Are the following required? Services Indicate if required Remarks Recording of the videoconference on VCR (Not available at Alice Springs) Use of a document camera Fax/ telephone/ other I/We agree to reimburse the Office of Courts Administration for the cost of the videoconferencing transmission in respect of the above matter, including the cost of transmission during the testing of the videoconferencing set up. ____________________________________________ Date: 160 Chief Magistrate’s Practice Directions –Work Health Act (Cont) VIDEOCONFERENCING FEES (effective at 3 January 2001) TEST: $25.00 CANCELLATION FEE: $100.00 if cancelled less than 2 working days before the date of proposed videoconference. EQUIPMENT/ROOM HIRE: $200.00 for the first hour or part thereof and then $25.00 for each additional 15 minutes. TRANSMISSION COSTS (estimated) Local & National $108.00 first hour or part thereof then $27.00 per 15 minutes or part thereof International Charges will vary according to locality. A DEPOSIT OF $125.00 IS REQUIRED WHEN FILING EACH ‘REQUEST FOR VIDEOCONFERENCE. CHEQUES SHOULD BE MADE PAYABLE TO ‘THE RECEIVER OF TERRITORY MONIES’. ALL MONIES NOT UTILISED WILL BE RETURNED TO THE PARTY FILING THE REQUEST FOR VIDEOCONFERENCE. 161 Chief Magistrate’s Practice Directions –Work Health Act (Cont) 12. Subject: Caseflow Management The following practice direction is issued pursuant to section 21 of the Local Court Act and section 95 of the Work Health Act to apply from 1 October 1998 to Courts in Darwin and Alice Springs. Back ground Despite the best efforts of the Court, there are still matters coming to hearing which are adjourned or delayed because counsel involved have decided that pleadings require amendments, discovery is incomplete, witnesses are unavailable etc. Counsel are often not briefed until shortly before the hearing, or if they are briefed in good time, it is often the case that they do not turn their minds to the case until shortly before the hearing. The following procedure is to address this problem, Procedure Where a matter has been set down for a hearing of more than one day, it will then be referred to the List Clerk who will allocated the matter to a Magistrate. That Magistrate may call a confirmatory hearing, to be held in Court or chambers at any time before the hearing date. At this hearing, parties will be expected to answer any questions that Magistrates may have about the preparedness of the matter, Please note that this procedure does not take the place of pre hearing conferences, at which the parties must also convince the court of the preparedness for hearing, prior to the matter being set down. Hugh Bradley Chief Magistrate 6 October 1998 13. Subject: Summons to witness for service interstate The following practice direction is issued pursuant to section 95 of the Work Health Act and will apply from 1 November 1999. Background There has been come confusion in the past when a party must apply for leave to serve an interstate summons to witness. Under the Service and Execution of Process Act, leave is not required in most circumstances to serve a summons issued out of a State court anywhere in Australia (NB The Supreme Court Rules did contradict this proposal in rule 7.06, however, that has now been amended to only affect the service of summons outside of Australia) You now only require leave to serve a summons to witness interstate in the following circumstances; 1. 2. When you are requiring a witness to appear in less than 14 days; and When you are requiring the return of documents prior to a hearing date. 162 Chief Magistrate’s Practice Directions –Work Health Act (Cont) Procedure In relation to the early return of documents, you are referred to the Practice Direction titled “Early return of summons for production”* issued on the same date as this Direction. In relation to the appearance in less than 14 days, the following procedure will apply: 1. 2. An intra party interlocutory application should be filed with an affidavit in support and a copy of the intended summons. The matter will be dealt with in an interlocutory applications list. Hugh Bradley Chief Magistrate 21 October 1999 * repealed and replaced on 13.11.2000 – Work Health Act Practice Direction No 16 14 Subject: Powers of Assistant Registrars The following practice direction is issued pursuant to section 95 of the Work Health Act and will apply from 1 August 1999. The following practice directions are rescinded: 1. Practice Direction of I L Gray CM dated 1 October 1993 allowing application for interim determinations under Section 107(2) of the Work Health Act to be heard in Alice Springs by a Registrar. 2. Practice Direction of I L Gray CM dated 14 June 1994 allowing Preliminary and Conciliation Conferences as provided by Sections 106 and 107 of the Work Health Act to be heard in Alice Springs by the Registrar; and 3. Practice Direction of P Campbell, Registrar, dated 14 June 1994 allowing Preliminary and Conciliation Conferences as provided by Sections 106 and 107 of the Work Health Act to be heard in Alice Springs by an Assistant Registrar. Hugh Bradley Chief Magistrate 19 July 1999 15. Subject: Powers of Judicial Registrars The following practice direction is issued pursuant to section 95 of the Work Health Act and will apply from 1 September 1999. Pursuant to section102 of the Work Health Act, I direct that Judicial Registrars of the Work Health Court shall be authorised to exercise all powers of the Court save and except the following: 163 Chief Magistrate’s Practice Directions –Work Health Act (Cont) 1. 2. 3. 4. 16 To hear and finally determine a matter; To hear and determine an application for summary judgment; An assessment of compensation under part 21 of the Rules; and Consideration of a memorandum of agreement under section 108 of the Act. Hugh Bradley Chief Magistrate 13 September 1999 Subject: Early return of summons to produce documents The following practice direction is issued pursuant to section 95 of the Work Health Act and will apply from 1 December 2000. Revocation The practice direction entitled “Early return of summons for production” dated 21 October 1999 is revoked. Background In the recent past, this Court has taken the view that the frequent use of the early return Summons to Produce was a misuse of court process. If a party required documents from persons not involved in the action, they were required to use the procedure for non party discovery. In many jurisdictions however, including the Supreme Court of the Northern Territory, a practice has developed allowing Summonses to Produce to be used for the gathering of documents at any time of the proceeding. In order to achieve some consistency with the practices of the Supreme Court, this Court will receive applications for the early return of a Summons to Produce Documents. It must always be remembered however, that a Summons to Produce Documents is an order of the Court and must not be used lightly. A failure to comply is punishable as a contempt of Court. From 1 December 2000 onwards, the following procedure should be followed. Procedure 1. Parties must apply for leave to issue a Summons to Produce Documents whenever they seek an early return – whether or not a hearing date has been fixed. 2. The application shall be by way of interlocutory application supported by an affidavit setting out why the documents are relevant to the issues before the Court,. The application shall also be accompanied by a draft Summons to Produce which allows a reasonable time for the person to comply with the summons. The application is required to be on notice to the other parties to the proceeding. 164 Chief Magistrate’s Practice Directions –Work Health Act (Cont) 3. 4. 5. If leave is granted: a) a copy of the order and the Summons to Produce shall be served on each of the other parties to the action. (b) the party applying for the Summons must also serve upon the person summonsed a Notice in the form attached to this practice direction. This Notice shall be attached to the front of the summons. (c) upon filing, the party applying for the summons must also pay into court the costs of an express post bag for the return of the documents by the Curt to the summonsed party. Upon the return date, and assuming the documents have been produced to the Court, the appropriate orders may be made – for example: (1) The plaintiff/defendant have leave to inspect the documents returned by …………………………within 7 days with a view to ascertaining any claim for privilege. (2) If there is a claim for privilege the plaintiff/defendant shall notify the other party in writing of any claim for privilege/ (3) If there is no claim for privilege, the parties have leave to inspect and photocopy the documents returned within 21 days. (4) Upon the expiry of 28 days, the Registrar shall arrange for the return of the documents to the person who produced the documents. If the documents to be produced are medical records, then the issue of privilege and Section 12 of the Evidence Act shall be addressed before any access to the documents is granted. Hugh Bradley Chief Magistrate 13 November 2000 165 Chief Magistrate’s Practice Directions –Work Health Act (Cont) NOTICE Attached is a Summons to Produce issued by the Court on application by one of the parties. Please note the following: 1. You are not required to comply with this Summons to Produce Documents unless you have been provided with funds to reimburse you for the reasonable expenses of producing those documents. 2. If you regard those documents as confidential or subject to privilege, you may appear on the date and object to the production of them. 3. If you wish, you can return the documents to the Court prior to the specified date by sending them to the appropriate registry. 4. If the documents you are asked to produce are medical records, then you need to consider whether or not there is a claim for privilege over those documents. If you are claiming privilege, then you should advise the person who has had the summons issued. 5. Section 12(2) of the Evidence Act states: “a medical practitioner shall not, without the consent of his patient, divulge in any civil proceeding (unless the sanity of the patient is a matter in dispute) any communication made to him in his professional character by the patient and necessary to enable him to prescribe or act for the patient.” 6. If the proceeding is a work health matter and the documents you are required to produce are medical records, you should consider section 110B of the Work Health Act which provides that legal professional privilege does not apply over medical and hospital reports and that section 12(2) of the Evidence Act does not apply in work health matters. 7. Any questions you may have about compliance with the summons can be directed to the solicitor acting for the party issuing the summons or to the Court Registry staff. 8. In the ordinary course, the documents produced by you should be returned to you after one month by post bag. If you require the documents to be returned before that date, you should advise the Court of this fact at the time you produce the documents. 9. If you require the documents to be returned by any reasonable means other than by post bag, please advise the Court. 166 CHIEF MAGISTRATE’S PRACTICE DIRECTIONS DOMESTIC VIOLENCE ACT INDEX No Subject Date signed Page 1. Access to Magistrates Courts files (domestic violence) 24. 6.1996 168 2. Family Court orders 12. 7.1996 169 3. Consent orders 2. 4.1998 170 4 Domestic Violence Applications 2.6.1999 171 167 CHIEF MAGISTRATE’S PRACTICE DIRECTIONS DOMESTIC VIOLENCE ACT 1. Subject: Access to Magistrates’ Courts files (domestic violence) The following practice direction, governing access to Domestic Violence files by parties and members of the public, is issued pursuant to section 20AB of the Domestic Violence Act and will apply from 1 July 1996. This practice direction rescinds the practice direction dated 12 December 1995 in respect of domestic violence files. Whether to permit access remains in the discretion of the Registrar at all times. In respect of any documents not included in this practice direction, or where staff are unsure, the matter is to be referred to the Registrar for determination. Access by party a) A party may view and take a copy of . applications . orders . affidavits of service or declarations of service b) A party may view transcript but NOT take a photocopy of it. (Pursuant to section 13 of the Records of Depositions Act, parties may apply in writing for a copy of the transcript and, upon payment of the prescribed fees, a copy will be provided.) c) A party may NOT have access to the following documents . . . . . . file notes (written by staff or Magistrates) bench sheets the Court file cover, without leave of the Registrar subpoenaed documents or other documents not yet in evidence, without an order of the Registrar or a Magistrate affidavits not yet in evidence or relied upon, without an order of the Registrar or a Magistrate correspondence, without leave of the Registrar or a Magistrate (Access by parties to the correspondence section of a Court file is generally denied. However in some cases in may be appropriate for a party to view correspondence from another party to the Court. Parties seeking to view correspondence should make a request to the Registrar. Access by non-party A non-party may NOT view nor take a copy of any documents on the Court file without an order of the Court. 168 Chief Magistrate’s Practice Directions –Domestic Violence Act (Cont) Procedure . . . Documents and files cannot be removed from the Registry Access to a document or file may be subject to a search fee Copying costs are to be borne by the person copying the documents. Photocopying by Court staff will be charged at $0.60 per page. I.L. Gray Chief Magistrate 24 June 1996 2. Subject:: Family Court orders The following practice direction is issued pursuant to section 20AB of the Domestic Violence Act and will apply from 15 July 1996. Background Section 68T of the Family Law Reform Act 1995 of the Commonwealth provides that if there are proceedings for the making or variation of a domestic violence order before the Court of Summary Jurisdiction, that Court may, in the course of the domestic violence proceedings, make, revive, vary, discharge or suspend a contact order made under the Family Law Act of the Commonwealth. Procedure If a party to a domestic violence application is aware that there is a relevant Family Court order in existence, that party must inform the Court of Summary Jurisdiction of the details of the order and, if practicable, provide a copy of the order. Solicitors appearing on behalf of parties must obtain instructions from their clients on relevant Family Court orders and, if practicable, file a copy of any such order, before appearing in the Court of Summary Jurisdiction on a domestic violence application. It will be expected that a solicitor, acting for a client whose instructions are vague or unsatisfactory in any way as to the existence of relevant Family Court orders, will search the nearest Family Court registry to ascertain whether there are any orders in existence and be in a position to advise the Court of Summary Jurisdiction accordingly. I.L. Gray Chief Magistrate 12 July 1996 169 Chief Magistrate’s Practice Directions –Domestic Violence Act (Cont) 3. Subject: Consent Orders This practice direction is issued pursuant to section 20AB of the Domestic Violence Act and will apply from 1 May 1998. It rescinds the practice direction on consent orders dated 25 October 1996. Background A Clerk of the Court of Summary Jurisdiction (ie a Registrar of the Local Court) has the power under the Domestic Violence Act to make, vary or revoke a restraining order by consent. In the case of making or varying an order, the Clerk may make an order by consent provided that the Clerk has explained to the defendant certain matters specified in the Act. It has become apparent that parties seeking revocation of a restraining order by consent are often not sufficiently aware of the gravity of the initial order and that “victims” are often under pressure to consent to revocation. Procedures 1. Making or varying a restraining order by consent (sections 5 & 9) The power to make or vary an order by consent is to be exercised only by a Clerk who is a Judicial Registrar, or Registrar, or a Deputy Registrar specifically authorised by a Magistrate,/Judicial Registrar. In dealing with an application for a consent order, a Clerk should speak to the parties in private, if at all possible. These matters should not be dealt with over the counter. It may be appropriate for the Clerk to speak to the parties individually rather than together. A Clerk should keep in mind when dealing with an application for variation that the initial order was made by a Magistrate upon hearing evidence. The Clerk may make a consent order, provided that – 1) the person making the application, or on whose behalf the application was made consents in writing (on Form 3), either personally or by her/his legal practitioner; and 2) if the applicant applies in person, the Clerk has explained to her/him 3) a) the purpose and effect of the proposed order or variation; b) the consequences that may follow if the defendant fails to comply with the proposed order or variation; and c) the means by which the proposed order may be varied or revoked; and The defendant consents In writing (on Form 3), either personally or by her/his legal practitioner; and 170 Chief Magistrate’s Practice Directions –Domestic Violence Act (Cont) 4) the defendant attends in person before the Clerk who explains to the defendant a) the purpose and effect of the proposed order or variation; b) the consequences that may follow if the defendant fails to comply with the proposed order or variation; and c) the means by which the proposed order may be varied or revoked. If the Clerk is not satisfied that an order should be made, or varied, the Clerk must refer the application to the Court for decision. If an application is made for revocation of a restraining order by consent, the Clerk must list the matter in court before a Magistrate, unless exceptional circumstances exist. (An exceptional circumstance would be, for example, the non-availability of a Magistrate for some time, or the available Magistrate having a perceived conflict.) If a Clerk considers it necessary to deal with an application for revocation herself/himself, the matter should be dealt with in private, if at all possible. Hugh Bradley Chief Magistrate 2 April 1998 4. Subject: Domestic Violence Applications Background It has for some time been the practice of the court to assess and provide early hearing dates for a variety of matters particularly where victims or witnesses may be anxious or at risk. Once such category is domestic violence applications. Generally speaking interim applications are heard immediately, by phone or within days of filing in the court registry. Where it is not possible to arrange for consent orders and a defendant wishes to exercise his right to defend the application an early hearing date is usually set. It seems however that the practice between courts has not been consistent and it is desirable that a uniform system be implemented throughout the Territory. Procedures 1. When an application is filed at the registry, staff are to inquire as to whether there is a need for the application to be heard urgently that day. 2. Where there is a request for urgency then a Registrar or other person identified by the Principal Registrar for the purpose will check and if appropriate authorise the matter to be referred to a sitting Magistrate for his early attention. 171 Chief Magistrate’s Practice Directions –Domestic Violence Act (Cont) 3. Practitioners involved in applications should take appropriate instructions and advise court staff of any reason for urgency. 4. Where a matter is deemed urgent it shall be referred to a Magistrate at the first opportunity. 5. Where a matter is nor urgent then it shall be made returnable on the nearest convenient date when the court customarily deals with domestic violence applications. The court will make arrangements for service. 6. When a defendant appears and consent orders cannot be arranged between the parties then a hearing date shall be set for the hearing of the application. Generally speaking such hearings should be listed on an urgent basis, unless there are alternative arrangements that can ensure the safety of all concerned. 7. Practitioners involved in defended matters should attempt settlement (including on an interim basis) and be in a position to advise the court of whether an urgent hearing is required. Hugh Bradley Chief Magistrate 2 June 1999 172 Chief Magistrate’s Practice Directions –Domestic Violence Act (Cont) CHIEF MAGISTRATE’S PRACTICE DIRECTIONS FAMILY MATTERS COURT INDEX No Subject Date signed Page 1. Representation of persons in Child in Need of Care Applications 14.3.2001 174 . 173 Chief Magistrate’s Practice Directions –Domestic Violence Act (Cont) FAMILY MATTERS COURT PRACTICE DIRECTIONS 1. Subject: Representation of Persons in Child in Need of Care Applications The following practice direction is issued pursuant to section 210A of the Justices Act and section 28 of the Community Welfare Act and will apply from 1st of April 2001. Background In the Family Matters court it is often the situation where practitioners appearing before the court representing an interested party are not provided with a copy of orders made by the court because they are not formally entered into the system. To ensure that this problem is alleviated the following directions are made: Direction 1. That any practitioner who intends to appear before the Family Matters Court file a Notice of Acting in the attached form. 2. That any order made by the Court shall be forwarded in a sealed envelope to those solicitors who have filed a Notice of Acting. Hugh Bradley Chief Magistrate 14 March 2001 174 Chief Magistrate’s Practice Directions –Domestic Violence Act (Cont) IN THE FAMILY MATTERS COURT AT In the matter of (name of Applicant) v (name of Child) NOTICE OF ACTING (Name of practitioner/firm) of (Address for service) represents and will appear for (Name of client). Dated Signed 175 LOCAL COURT FEES Local Court Regulations 1. CITATION These Regulations may be cited as the Local Court Regulations. 2. FEES Subject to regulations 4 and 5, the fee payable for a procedure or matter specified in the Schedule is the fee specified in the Schedule opposite the procedure or matter. 3. TIME FOR PAYMENT OF FEE A fee specified in the Schedule is payable to the Court (a) in the case of a fee specified in item 1 or 2 of the Schedule - at the time of filing; or (b) in any other case - on demand by the Court. 4. EXEMPTION FROM PAYMENT OF FEE (1) Subject to subregulation (3), a person acting in a proceeding for or by the authority of the Territory is, in relation to that proceeding, exempt from payment of the fees specified in item 1 or 2 of the Schedule. (2) A person exempt from payment of a fee under subregulation (1) is entitled to recover, as part of a judgment debt as if it were a cost incurred, an amount equal to the fee that would, but for that subregulation, have been payable. (3) On recovery of the fee, the person must pay an amount equal to the fee to the Court. 5. WAIVER OF FEE IN CASE OF HARDSHIP If, in a particular case, the Registrar is of the opinion that the payment of a fee specified in the Schedule would cause hardship to the plaintiff, applicant or party who must pay the fee, the Registrar may waive payment of the whole or a part of the fee. SCHEDULE Item No. Regulation 2 FEES _______________________________________________________ Matter in respect of which fee is prescribed Fee _______________________________________________________ 1. Filing (a) Statement of claim under Part 7 of the Rules seeking monetary relief where the amount is (i) more than $5,000 but less than $10,000 $150 (ii) $10,000 or more but less than $20,000 $188 176 (iii) $20,000 or more (b) Statement of claim under Part 7 of the Rules other than a claim seeking monetary relief (c) Statement of claim under Part 7 of the Rules seeking relief other than monetary relief in addition to, or as an alternative to, monetary relief where the amount in addition to or as an alternative to relief is (i) more than $5,000 but less than $10,000 (ii) $10,000 or more but less than $20,000 (iii) $20,000 or more (d) Application for an interpleader order under Part 14 of the Rules (e) Application for an order under Part 18 of the Rules seeking preliminary discovery or discovery from a non-party (f) Application for a re-hearing under Part 36 of the Rules (g) Notice of appeal under Part 37 of the Rules (not an appeal against a decision of a Registrar) (h) Application for the issue of a warrant under Part 29 or Chapter 2 of the Rules (j) Application for an order under Chapter 2 of the Rules, other than an application under Part 50 for an order relating to the payment of a judgment debt by instalments (k) Application under the following Acts: Absconding Debtors Act Consumer Affairs and Fair Trading Act Warehousemen's Liens Act (m Judgment filed for registration under section 105 of the Service and Execution and Process Act 1901 of the Commonwealth ) 2. Taxation of costs Filing a bill of costs under Part 38 of the Rules 3. Orders Certified copy of order under Part 35 of the Rules 4. Inspection and copies (a) Inspection under section 12(3) of the Act - per file (b) Photocopying by Court staff – per page 5. Service Bailiff fee for service under Division 2 of Part 4 of the Rules (for 2 attempts) 6. Execution of Warrants (a) Bailiff fee for execution of warrant of possession (b) Bailiff fee for execution of warrant of seizure and sale where the value of property to be seized is (i) less than $5,000 (ii) $5,000 or more but less than $20,000 (iii) $20,000 or more (c) Bailiff fee for execution of other warrants 177 $255 $160 $160 $188 $255 $80 $80 $80 $80 $45 $30 $80 $60 $338 $60 $10 $1.20 $113 $120 $80 $120 $160 $60 OFFICE OF COURTS ADMINISTRATION GENERAL POLICY INDEX No Subject Page 1. Court Reporting policy and charges 179 2. Supreme Court Library access and policy 184 3. Copyright policy in judgments of the Courts of the Northern Territory 186 4. Videoconferencing – guidelines and costs 187 178 OFFICE OF COURT ADMINISTRATION OCA web address: http://www.nt.gov.au/oca COURT REPORTING POLICY INTRODUCTION This is the current policy for court recording and transcription services for Northern Territory courts and tribunals, such services being provided by Court Recording Services (NT) Pty Ltd under contract. AIM OF THE POLICY To clarify fees and procedures for court reporting services. AVAILABILITY Policy This policy document is published in the Office of Courts Administration annual NT Law Almanac, and is available upon request. Transcript Transcript application forms are available at all courthouses, and show the current charges. Under the Chief Justice's guidelines of 18 August 1994, transcript of proceedings in open court (except where suppression orders or other confidentiality applies) is available to the general public and may be supplied to any party upon payment of the prescribed charges. Court reporting statistics These are published in the Office of Courts Administration annual report. Court reporting services contract Tenders are periodically invited from appropriate service providers and announced through the Procurement Review Board process. DEFINITIONS Recording All Northern Territory court proceedings are audio recorded in either digital or analogue format. Transcript Transcript is the verbatim reproduction of all or part of court proceedings and may be supplied as printed copy or in electronic medium (for example, on diskette or via email). Prescribed fees and copyright provisions apply equally to any medium. 179 Office of court administration policies (cont) Transcript fees Magistrates Court transcript fees are prescribed in the Records of Depositions Act. Supreme Court transcript fees are prescribed by this Office of Courts Administration policy. Running (daily) rate is charged for Supreme Court transcript supplied on the day proceedings are heard, or where special transcription priority is required. Delayed rate is charged where Supreme Court transcript is supplied subsequent to the hearing date. Delayed rate charges also apply to government agencies for transcript of Supreme Court civil proceedings. Delayed rate charges apply where transcript of Supreme Court civil proceedings less than 12 months old is obtained from court files. Multiple order charges apply where transcript of Supreme Court civil proceedings or Coronial proceedings is ordered at the commencement of proceedings by two or more parties. A charge applies for each transcript where certification is required. If transcript is supplied electronically, the relevant charge per page of transcript text is payable. Additional copy rate is charged for extra copies of Supreme Court transcript supplied. When ordered by the Office of the Director of Public Prosecutions or Commonwealth Director of Public Prosecutions, transcript of arraignments and criminal proceedings which have already been supplied to the court are provided at the additional copy rate. Additional copy rate is charged for transcript more than twelve (12) months old which is obtained from court files. RECORDING Recording charges Recording charges are not passed on to users of the courts. Availability Copy tapes are not available. However, where there is a valid requirement, recordings of non-confidential proceedings may be listened to by arrangement with the relevant Court Registrar. 180 Office of court administration policies (cont) Master recordings - retention period All master recordings of Supreme Court proceedings, the property of the Office of Courts Administration, will be retained for two (2) years and then erased. All master recordings of other Court proceedings, the property of the Office of Courts Administration, will be retained for one (1) year and then erased. However, upon written request, master recordings of proceedings which are the subject of appeal will be preserved for the duration of any appeal period. TRANSCRIPT Transcript archives - retention period Transcript master copies, on paper and/or electronic medium, the property of the Office of Courts Administration, will be retained for ten (10) years and may then be destroyed. Running (daily) transcript - matters transcribed routinely Supreme Court jury trials receive absolute priority and running (daily) transcript (of evidence, legal argument and verdict) is routinely provided to the court approximately three times daily, the final delivery being available at approximately 5:30pm each day. Opening and closing addresses, judges summing up to the jury and legal argument in the jury's absence are not transcribed unless specifically requested. Running (daily) transcript of Supreme Court criminal facts and submissions is routinely provided to the court (except where heard by Martin CJ who does not require transcript of criminal facts and submissions). Running (daily) transcript of Supreme Court criminal sentences is routinely provided to the court. Running (daily) transcript of Supreme Court criminal arraignments is routinely provided to the court. Delayed transcript - matters transcribed routinely All transcript will be provided as expeditiously as possible upon receipt of application. However, it should not be assumed that transcript can be made available immediately. Delayed transcript will be produced within a maximum of seven (7) working days from receipt of application, with urgent requirements being prioritised according to commitments. Delayed transcript of decisions in Supreme Court Justices Appeals, Work Health Appeals and Special Cases Stated is routinely provided for the court. Full proceedings are not transcribed unless applications are received. For Courts of Summary Jurisdiction, delayed transcript is routinely provided for the court: (a) of proceedings as a result of which a person is committed for trial or sentence for an indictable offence, (b) of proceedings from which an appeal is lodged to the Supreme Court, and, (c) of proceedings where a Court of Summary 181 Office of court administration policies (cont) Jurisdiction states a special case under section 162 of the Justices Act or reserves a question of law under section 162A of the Justices Act. For Courts of Summary Jurisdiction, transcript of evidence only is provided where required by legislation or as ordered and approved by the delegate of the Office of Courts Administration. Delayed transcript - matters not transcribed Transcript of proceedings other than evidence in Courts of Summary Jurisdiction will not be provided unless approved by the Court Registrar. Supreme Court civil proceedings are not transcribed unless ordered. Court of Appeal and Court of Criminal Appeal proceedings are not transcribed unless ordered. Proceedings of other Supreme Court appeals, interlocutory or bail or adjournment applications, petitions, mentions, etcetera, are not transcribed unless ordered. Transcript application form No transcript will be supplied until a signed application for transcript form is lodged with the relevant Court Registry. By signing application forms, applicants undertake to pay the prescribed fees for transcript. Transcript availability Under the Chief Justice's guidelines of 18 August 1994, transcript of proceedings in open court (except where suppression orders or other confidentiality applies) is available to the general public and may be supplied to any party upon payment of the prescribed charges. By arrangement with Supreme Court Registry, transcript which is on file may be perused free of charge and specified pages may be supplied at the prescribed rate for current proceedings or, if transcript is more than twelve (12) months old, at additional copy rate. Transcript charges Transcript is supplied to the court, when ordered, free of charge. Where a transcript of proceedings is not required by the court but is ordered by other parties, applicants must pay the prescribed charges, exemptions being: (a) Supreme Court and Magistrates Courts extempore decisions are available to parties free of charge, upon application [authority: CEO approval 12/8/1997]; (b) summing-up, addresses or submissions in a Supreme Court criminal trial, where required for purposes of appeal, may be provided to parties at additional copy rate ($1.00 per page), upon application [authority: CEO approval 3/1/1995]. 182 Office of court administration policies (cont) Magistrates Court transcript charges are prescribed in the Records of Depositions Act, except that multiple order charges apply to Coronial proceedings [authority: CEO approval 9/12/1996]. Supreme Court transcript charges are prescribed under this Office of Courts Administration policy. One copy of transcript of criminal trial or committal proceedings - in either printed or electronic form - is provided to accused persons (or their legal representatives) free of charge. For additional copies the prescribed additional copy rate applies. Transcript of arraignments and criminal proceedings which are routinely supplied to the court are available to the Office of the Director of Public Prosecutions or Commonwealth Director of Public Prosecutions at the prescribed additional copy rate. Magistrates Court transcript filed with the Supreme Court for purposes of Justices Appeals is available to the Office of the Director of Public Prosecutions or appellant or respondent, upon application, at the prescribed additional copy rate. CURRENT TRANSCRIPT FEES (GST is not payable) Magistrates Court proceedings (Note: Multiple order charges may apply to transcript of Coronial proceedings)  certification 7.00 per page $10.00 per transcript Supreme Court proceedings        running (daily) charge $9.26 per page* delayed charge $8.82 per page* multiple order charge (where ordered by two parties at commencement of proceedings) $5.00 per page* multiple order charge (where ordered by three parties at commencement of proceedings) $4.00 per page* multiple order charge (where ordered by four parties at commencement of proceedings) $3.50 per page* certification $10.00 per transcript additional copy rate $1.00 per page COPYRIGHT Copyright applies to both printed and electronic copy of transcript. * the new rates apply from 1/2/2001 183 Office of court administration policies (cont) OFFICE OF COURT ADMINISTRATION SUPREME COURT LIBRARY ACCESS & LOANS POLICY (This policy has been approved by the Supreme Court Library Management Committee in August 1991 and amended in September 1994 and December 1998) 1. Persons permitted to access the library The following persons only are permitted to use the library when the library is open: (a) (b) (c) (d) (e) (f) 2. Judges, their Associates, Master, Registrar, Supreme Court staff, and Magistrates Persons approved by the Master of the Supreme Court; Legal Practitioners and Visiting Counsel and Articled Clerks; Full time law lecturers at NTU; Members of the Legislative Assembly; Librarians Borrowing rights The following persons only may borrow select material from the library collection. (a) (b) 3. Judges, their Associates, Master, Registrar and Magistrates; and Legal Practitioners and visiting Counsel and Articled Clerks on behalf of a Practitioner. Loans (a) No person shall remove any book from the Library for any purpose other than immediate use in a hearing before a Judge in the building in which the library is situated. The material can be borrowed for the duration of the case only. The exception to this is material referred to in Section 4. (b) No book shall be removed from the Library unless the authorised user shall have recorded their name, signature, their office, firm or department, the date of the court number on a form provided by the Librarian for the purpose. (c) Patrons are personally responsible for library material they have borrowed. 184 Office of court administration policies (cont) (d) 4. A person shall not remove from the Library a book upon which is displayed a notice to the effect that the book is not to be removed from the Library. This includes: Loose leaf material Reference material Halsbury's Legislation (bound volumes and pamphlet copies) Commonwealth, NT and Interstate Australian Digest English and Empire Digest Current Law White Book Encyclopaedia of Forms and Precedents Case Citators General interest material This includes textbooks on: Biographies Legal Humour Legal History. This material will be specifically marked to indicate its status. This material will be available for loan outside the court building for a maximum of one week. The following people may borrow this material. (a) Judges, Master and staff of the Court; (b) Persons nominated by the Master; (c) Legal Practitioners; and (d) Persons on reciprocal inter-library loan. 5. Inter library loans The following law libraries may access and borrow on an overnight loan only unrestricted library holdings on a reciprocal inter-library loan basis: (a) NT Attorney-General's Department; (b) Commonwealth Attorney-General's Department; (c) Other libraries at the discretion of the librarian. The material is to be retained in the borrowing library when in use. 6. Replacement costs Borrowers will be responsible for replacement costs of any items not returned to the library. 7. Registration All library users should be registered using the appropriate library registration form. 8. Penalties Where the Librarian is satisfied that an authorised user of the Library has failed to comply with the above rule, the Librarian may suspend or cancel the registration as an authorised user. PLEASE REMEMBER THAT THIS IS NOT A LENDING LIBRARY PHOTOCOPYING OF MATERIAL IS ENCOURAGED 185 Office of court administration policies (cont) COPYRIGHT POLICY IN JUDGMENTS OF THE COURTS OF THE NORTHERN TERRITORY (Gazetted in the Northern Territory Gazette no G48, 9 December 1998) For the information of the public, the Northern Territory of Australia, and the Chief Justice and Chief Magistrate, on behalf of the Judges and Magistrates of the Northern Territory, have adopted the following policy in respect of copyright in judgments issued before or after the date of publication of this notice. 1. . . “Judgments” include: a written judgment, order or award of a Northern Territory court; and the written reasons for any such judgment, order or award of a Northern Territory court or a member of a Northern Territory court that has been publicly delivered, made or given. 2. Permission is granted to any person to publish or deal with any judgment in accordance with the following conditions, and the Northern Territory, the Judges and the Magistrates will not assert rights of copyright in any such judgment where these conditions are met: the publication must not indicate directly or indirectly that it is an official version of the material; the arms of the Northern Territory must not be used in connection with the publication of the material; and the material must be accurately reproduced in a context that does not mislead. . . . 3. . . 4. . . This authorisation does not apply to : an oral judgment of a court of the Northern Territory that has not been edited by the member or members of the court who made the judgment; or any headnote, footnote, comment, case list, cross reference, editorial material or summary of a judicial decision or submissions prepared by or for the Northern Territory Council of Law Reporting Inc. except with the further authority of that Council. The Northern Territory reserve the right to revoke, vary or withdraw its permission on reasonable notice, in general, or: in relation to specified publishers or classes of publishers; or in relation to specified judgments or classes of judgments. Requests to reproduce material for which the Northern Territory owns copyright, that is not covered by this policy or the copyright for legislation, should be sent to the Attorney-General or to the Northern Territory Attorney-General’s Department. An application for waiver of copyright will generally be required to provide an undertaking that he or she will reproduce the material accurately and acknowledge that reproduction of the material is by permission of the Northern Territory. 186 Office of court administration policies (cont) VIDEOCONFERENCING BOOKINGS AND PROCEDURES Videoconferencing facilities are available in each of the following Northern Territory Courts . Darwin Supreme Court . Darwin Magistrates Court . Alice Springs Court House . Katherine Court House Videoconferencing may be requested by any party to an action or may proceed of the Court’s own motion. The facilities are also available for hire, if available, to persons not involved in court proceedings. The Evidence Act has been amended to include provision for the taking of evidence by way of videoconferencing. Request for Videoconferencing 1. The party requesting the videoconference must first ensure that the equipment is available for use at the time of the proposed conference. This can be done by contacting the following numbers: Darwin Supreme Court Darwin Magistrates Court Alice Springs Court House Katherine Court House 2. Sheriffs Office Manager, Orderlies List Clerk Deputy Registrar 8999 7930 8999 6085 8951 5713 8973 8956 If the equipment is available, the party requesting the videoconference must submit to the appropriate person mentioned above a completed “Request for Videoconference” form (Attachment A). The form is available on the Office of Courts Administration and Supreme Court web pages. A supply of the forms is also available at each of the court registries. The parties must also comply with the various practice directions and seek the leave of the relative Court to adduce evidence by way of videoconferencing. This may be done before or after the request form has been lodged. The request form includes an undertaking by the person applying for the videoconference to pay the costs of the videoconference including equipment hire, transmission costs and the cost of testing. If the form is not submitted, the videoconference will not proceed. Cost The cost of each videoconference, as determined by the Chief Executive Officer of the Office of Court Administration at 3 January 2001 is as under. 187 Office of court administration policies (cont) Test $ 25.00 Cancellation fee $ 100.00 if cancelled less than 2 working days before the time of the proposed conference Equipment/room hire $ 200.00 for the first hours or part thereof $ 25.00 for each additional 15 minutes Transmission costs: Local & National International $ 108.00 for the first hour or part thereof $ 27.00 for each additional 15 minutes or part thereof Charges will vary according to locality Goods and Services Tax GST will be added to the final account. Deposit A deposit of $125.00 is required with each request for videoconference. If multiple conferences are required, a deposit is required for each proposed conference. The deposit can then be offset against the final invoice or refunded if the videoconference does not proceed. Government Agencies and Departments All Northern Territory Government Agencies and Departments are liable to pay the costs of videoconferencing at the above rates if the videoconferencing was requested by that Agency or Department. Ordering by the Court Courts may sometimes order videoconferencing of its own motion or there may be a system in place where a regular procedure is conducted by videoconference. This may include callovers by the Judicial Registrars or monthly Supreme Court Arraignments. In these cases, the cost of the videoconference will be borne by the Office of Courts Administration. Cancellation A videoconference may be cancelled at any time. If the cancellation occurs within 2 working days of the proposed time of the videoconference, the party requesting the videoconference must pay a cancellation fee of $100.00 in addition to the fee of $25.00 for testing the equipment. The deposit of $125.00 paid at the time of requesting the conference will cover this. 188 Office of court administration policies (cont) Equipment failure Where a videoconference does not proceed because of equipment failure, the party requesting the videoconference is not liable to pay any costs, including hiring of the equipment. Criminal proceedings Defendants in criminal proceedings will not be charged for the use of the videoconferencing equipment. 189 Office of court administration policies (cont) OFFICE OF COURTS ADMINISTRATION REQUEST FOR VIDEOCONFERENCE To: *The Registrar of the Court at ________________________ *The Sheriff of the Northern Territory delete if not applicable Videoconferencing facilities are requested for use in the following matter: _________________________________________________________________ (eg. 20012345 Smith Pty Ltd v Jones ) _________________________________________________________________ Other: ___________________________________________________________ Details of proposed VCF transmission: Day/Date: _______________________________________________________ Time to commence transmission: __________ Estimated duration: ____________ (Central Standard time) Location of remote site Contact details of remote site Name of witness/party at remote site Participants Venue Coram (if known) Number of witnesses to give evidence by videoconference DARWIN - ALICE SPRINGS KATHERINE Other 190 Office of court administration policies (cont) Are the following required? Services Indicate if required Remarks Recording of the videoconference on VCR (Not available at Alice Springs) Use of a document camera Fax/ telephone/ other I/We agree to reimburse the Office of Courts Administration for the cost of the videoconferencing transmission in respect of the above matter, including the cost of transmission during the testing of the videoconferencing set up. ____________________________________________ Date: 191 Office of court administration policies (cont) VIDEOCONFERENCING FEES (effective at 3 January 2001) TEST: $25.00 CANCELLATION FEE: $100.00 if cancelled less than 2 working days before the date of proposed videoconference. EQUIPMENT/ROOM HIRE: $200.00 for the first hour or part thereof and then $25.00 for each additional 15 minutes. TRANSMISSION COSTS (estimated) Local & National $108.00 first hour or part thereof then $27.00 per 15 minutes or part thereof International Charges will vary according to locality. A DEPOSIT OF $125.00 IS REQUIRED WHEN FILING EACH ‘REQUEST FOR VIDEOCONFERENCE.. CHEQUES SHOULD BE MADE PAYABLE TO ‘THE RECEIVER OF TERRITORY MONIES’. ALL MONIES NOT UTILISED WILL BE RETURNED TO THE PARTY FILING THE REQUEST FOR VIDEOCONFERENCE. 192 NORTHERN TERRITORY FAMILY COURT FEDERAL COURT JOINT REGISTRY Darwin Registry Commonwealth Law Courts Level 1, TCG Building 80 Mitchell Streets DARWIN NT 0800 Family Court of Australia: Registry Manager Telephone: Facsimile: Mrs Sally Walker (08) 8981 1488 (08) 8981 6081 Family Court Counselling Service Manager: Mr Stephen Ralph Telephone: Facsimile: (08) 8941 2933 (08) 8941 3470 Darwin Registry Level 1, TCG Building 80 Mitchell Street DARWIN NT 0800 Telephone: Facsimile: (08) 8981 1488 (08) 8981 6081 Alice Springs Sub-Registry Level 1, Centrepoint Building Hartley Street ALICE SPRINGS NT 0870 Telephone: Facsimile: 193 (08) 8952 8222 (08) 8952 8266 Northern Territory Family Court Federal Court Joint Registry (Cont) COMMONWEALTH COURTS 2001 COURT CALENDAR - DARWIN Family Court of Australia 1. 2. Visiting Judges for the weeks commencing: Darwin Alice Springs March 5 – March 23 June 18 - July 6 To be advised Deputy Registrar's lists Darwin Alice Springs February 19 - February 23 April 2 – April 6 June 4 – June 8 To be advised Federal Court of Australia 1. Visiting Judges for the periods January 29 – February 2 March 26 – March 30 July 9 – July 13 September 10 – September 14 December 3 – December 7 2. Registrar’s lists Federal Court Bankruptcy/General Division sittings – to be advised Federal Magistrates Service of Australia A Federal Magistrate Service is provided by the Darwin Registry and a Magistrate’s Circuit is to be conducted on the following dates: February 5 – February 9 194 FAMILY COURT OF AUSTRALIA DARWIN REGISTRY MEMORANDUM AND PRACTICE NOTES INDEX No Subject Page No 1. Memorandum to Practitioners 195 2. Pretrial conferences 196 195 FAMILY COURT OF AUSTRALIA DARWIN REGISTRY MEMORANDUM AND PRACTICE NOTES Memorandum to Practitioners Re: Family Court matters - NT Supreme Court Notwithstanding the fact that the NT Supreme Court has concurrent jurisdiction with the Family Court in all Family Law matters, practitioners are requested to refrain from attempting to file applications in that Court. By arrangement with the Supreme Court, any Family Court matter which requires the urgent attention of a Judge should, in the first instance, be filed with the Family Court, Commonwealth Law Courts, 1st Floor, Cnr Herbert and Mitchell Streets Darwin whereupon the justification for the emergency and the availability of a Family Court Judge will be examined. If considered necessary, the file will be transferred under Section 45(2) of the Family Law Act to the NT Supreme Court. Peter Liddle Registrar 21 October 1991 Practice Note re: Pre-trial conferences 1. All pre-trial conferences to be conducted by a registrar. 2. Parties must attend the pre-trial conference unless previously excused by the Registrar in writing because he believes that all possibilities of conciliation have been exhausted. 3. By the date fixed for the pre-trial conference the timetable for filing and serving documents should have been completed and all interlocutory steps (eg discovery etc) concluded. 4. Pre-trial conferences shall also be attended by a legal representative who is conversant with the matter of each of the parties. That legal representative must be sufficiently well prepared to discuss: (a) the orders being sought; (b) the issues of face and/or law; (c) affidavits being relied upon; (d) any further steps necessary before the trial (eg ordering report under section (1); 196 Family Court Darwin – Registrars Memorandum & Practice Notes (Cont) (e) the witnesses required for cross-examination; (f) whether a return date should be fixed for the issue of subpoenas or the making of directions for the inspection of subpoenaed material; (g) requests to advise facts or agreement as to facts; (h) in property matters especially; (I) the identification of assets relevant to the dispute; (ii) valuation of such assets; (iii) proof of liabilities - eg mortgages, bank loans, hire purchase debts, creditors, etc. (I) confirmation that the procedures for discovery and inspection and answering particular questions have been attended to; (j) provision to the Court of a considered estimate of the likely duration of the trial; and (k) the allocation of a trial date. 5. It is anticipated the conference will last one hour. The first part conducted under O.24 with the attendant rules about confidentiality will canvass any further avenues of settlement or of confirming the issues; the second will be an intense examination of the matter to ensure it is ready for a trial (this section will not be covered by the provisions of O.24.) 6. Lack of preparedness as a delaying tactic by one party will not be tolerated. Where the rules and any directions made have not been complied with or when, at the conclusion of a pre-trial conference, the registrar is of the view that further material is necessary before the matter is ready for hearing the Registrar shall: (a) make such further directions as are necessary to ensure the proper progress of the matter or; (b) refer the matter to another pre-trial conference or if necessary to the Duty Judge, or; (c) reserve and quantify the question of costs where appropriate. 7. Failure to attend a pre-trial conference by either a party or a legal representative which causes the conference to abort may, in the absence of reasonable excuse, result in a costs order being made against the defaulter. Solicitors should consider the preparation of a “Summary of matters remaining in dispute.” 197 HIGH COURT OF AUSTRALIA CHIEF JUSTICE The Hon Chief Justice Murray Gleeson AC Ms Marie Halliday (Sydney) Mrs Jill Kelly (Canberra) Ms Helen Chisholm Mr Peter Kulevski (Executive Assistant) (Personal Assistant) (Associate/Tipstaff) (Associate/Tipstaff) (02) 9230 8371 (02) 6270 6948 (02) 6270 6951 (02) 9230 8132 JUSTICES The Hon Justice Mary Gaudron (02) 6270 6968 Mrs Joy Chapman Mr Michael Wait Ms Janine Lapworth (02) 6270 6967 (02) 6270 6968 (02) 6270 6943 (Personal Assistant) (Associate/Tipstaff) (Associate/Tipstaff) The Hon Justice Michael McHugh AC (02) 6270 6976 Mrs Sharyn Belgrove Ms Anna Mitchelmore Ms Judith Levine (02) 6270 6975 (02) 6270 6976 (02) 6270 6945 (Personal Assistant) (Associate/Tipstaff) (Associate/Tipstaff) The Hon Justice William Gummow AC 02) 6270 6955 Ms Helen Holmes Mr Darrell Barnett Mr Russell Slatter (02) 6270 6953 (02) 6270 6954 (02) 6270 6946 (Personal Assistant) (Associate) (Tipstaff) The Hon Justice Michael Kirby AC, CMG Ms Janet Saleh Mr Jesse Clarke Ms Katie Young (Personal Assistant) (Associate/Tipstaff) (Associate/Tipstaff) (02) 9230 8203 (02) 6270 6972 (02) 9230 8575 The Hon Justice Kenneth Hayne Mrs Trudy Watson Ms Lisa Teasdale Mr Alistair Pound (Personal Assistant) (Associate/Tipstaff) (Associate/Tipstaff) (02) 6270 6959 (02) 6270 6960 (03) 9602 3781 The Hon Justice Ian Callinan Mrs Marilyn Robins Mr Gray Connolly Mr Gim Del Villar (Personal Assistant) (Associate/Tipstaff) (Associate/Tipstaff) 198 (07) 3248 1182 (07) 3248 1181 (02) 6270 6863 High Court of Australia (Cont) CANBERRA REGISTRY Parkes Place PARKES ACT 2600 PO Box E435 KINGSTON ACT 2604 Telephone: (02) 6270 6857 Facsimile: (02) 6273 3025 Chief Executive Officer & Principal Registrar - Mr Christopher M Doogan (02) 6270 6885 Senior Registrar Ms Elisa Harris (02) 6270 6862 Deputy Registrar Mr Ben Wickham (02) 6270 6860 Marshal Mr Lex Howard (02) 6270 6983 Court Librarian Ms Jacqueline Elliot (02) 6270 6922 SYDNEY MELBOURNE Level 19 Law Courts Building Level 6 Commonwealth Law Queens Square SYDNEY NSW 2000 Level 17, Law Courts Building 305 William Street MELBOURNE VIC 3000 Deputy Registrar Mrs Rosemary Musolino Deputy Registrar Ms Deborah Carlsund Telephone: Facsimile: Telephone: Facsimile: (08) 9230 8370 (02) 9230 8376 PERTH (03) 8600 3000 (03) 8600 3007 BRISBANE Level 6 Commonwealth Law Courts Victoria Avenue PERTH WA 6000 Court Building 119 North Quay BRISBANE QLD 4000 Officer Ms Janet Musker (Federal Court of Australia) Officer Mr Graham Ramsay (Federal Court of Australia) Telephone: Facsimile: Telephone: Facsimile: (08) 9268 7118 (08) 6223 7816 199 (07) 3248 1100 (07) 32488 1260 High Court of Australia (Cont) HOBART ADELAIDE supreme Court Building Salamanca Place HOBART TAS 7000 Supreme Court Building 301 King William Street ADELAIDE SA 5000 Officer Mr George O’Neal (Supreme Court of Tasmania) Officer Mr Joe Serafini (Supreme Court of South Australia) Telephone: Facsimile: Telephone: Facsimile: (03) 6233 6245 (03) 6223 7816 (08) 8204 0494 (08) 8212 7154 DARWIN Level 2 Supreme Court Building State Square DARWIN NT 0800 Officer: Ms Anne O'Rourke (Supreme Court of the Northern Territory) Telephone: Facsimile: 200 (08) 8999 6562 (08) 8999 5446 HIGH COURT OF AUSTRALIA RULE OF COURT (As of the 29th day of August 2000) It is ordered as follows: 1. Sittings of the Court for the transaction of all such business as may be brought before it shall be held during the year 2001 at the places and commencing on the days hereunder mentioned, that is to say: Canberra Canberra Canberra * Hobart Canberra Canberra Canberra * Brisbane Canberra * Adelaide Canberra Canberra * Perth Canberra Canberra - Monday 5 February 2001 Tuesday 6 March 2001 Tuesday 27 March 2001 Monday 2 April 2001 at 2.15 pm Tuesday 1 May 2001 Tuesday 22 May 2001 Tuesday 19 June 2001 Monday 25 June 2001 at 2.15 pm Tuesday 7 August 2001 Monday 13 August 2001 at 2.15 pm Tuesday 4 September 2001 Tuesday 2 October 2001 Monday 22 October 2001 at 2.15 pm Tuesday 13 November 2001 Tuesday 4 December 2001 * No sittings will be held unless there is sufficient business to warrant the attendance of the Court. 2. Sittings to hear applications for special leave to appeal will also be held on the days hereunder mentioned, that is to say: Friday 16 February 2001 Friday 6 April 2001 Friday 4 May 2001 Friday 1 June 2001 Friday 22 June 2001 Friday 10 August 2001 Friday 14 September 2001 Friday 12 October 2001 Friday 23 November 2001 Friday 14 December 2001 3. The winter vacation shall begin on Saturday 30 June 2001. The summer vacation shall commence on Saturday 15 December 2001. 201 HIGH COURT OF AUSTRALIA http://www.hcourt.gov.au/ PRACTICE NOTES INDEX No Subject Page 1 Use of extrinsic material in the interpretation of an No 1 of 1984 Act 203 2 Applications for special leave to appeal No 2 of 1984 203 3 Entitlement and publication involving custody of children proceedings No 1 of 1985 203 4 Video link special leave hearings No 2 of 1987 203 5 Application for industrial order nisi No 1 of 1994 204 6 Recission of Practice Directions relating to the No 1 of 1996 provision of authorities and legislation 206 7 Provision of authorities and statutory material for No 3 of 1996 applications for leave or special leave to appeal and applications for removal pursuant to section 40 of the Judiciary act 1903 (Cth) 206 8 Use of initials or pseudonyms in applications for No 1 of 1999 leave for special leave to appeal and applications for removal pursuant to section.40 of the Judiciary Act 1903 (Cth) Written submissions and authorities. All Full Court No 1 of 2000 matters except removal applications or leave or special leave applications 207 9 of 202 207 HIGH COURT OF AUSTRALIA PRACTICE NOTES 1. Use of extrinsic material in the interpretation of an Act Where, in proceedings before the Court, a party proposes to rely on extrinsic material pursuant to section 5AB of the Acts Interpretation Act, that party shall give to any other party and to the Registrar at least forty-eight (48) hours’ notice of intention specifying the material on which it is intended to rely. The use of extrinsic material will not be allowed without leave of the Court in any case where required notice has not been given to the other party. Subsection (2) of section 5AB provides guidance as to what may constitute extrinsic material. Practice Direction No 1 of 1984 2. Applications for special leave to appeal An applicant for special leave to appeal shall include in the material in support of the application a copy of the notice of appeal which it is intended to file if special leave is granted. Practice Direction No 2 of 1984 3. Entitlement and publication of proceedings involving custody of children Where, in proceedings before the Court the custody of children is involved, the proceedings shall be entitled by the initials of the substantive parties and shall henceforth be referred to, and reported in the like manner. Practice Direction No 1 of 1985 4. Video link special leave hearings Access to a video link facility for the hearing of special leave applications in civil matters is available to parties in Brisbane and Perth. Practice Notes The hearing of applications in which either party is heard by video link will take place with the Court sitting in Canberra. The use of the link is optional. Either party may request access to the link. The absence of a request from the other party will signify the intention of that party to attend the hearing in Canberra. In the absence of a request from either party, an application will be heard in Melbourne or Sydney or elsewhere, in accordance with existing procedures. 203 High Court of Australia Practice Notes (cont) In the case of an applicant, the request should be conveyed to the Court and to the respondent at the same time as the application books are filed and served. In such a case, the respondent should make his request, if any, within seven days after receipt of the application book. In the case where the respondent is the first to make a request, that request should be made within seven days of receipt of the application book, and the applicant should make its request (if any) known within a further seven days of its receipt of notice of the request made by the respondent. Access to the facility will depend on sufficient business being available to justify hiring the link. No charge will be made to litigants for the use of the facility. Where either party is heard by video link, any costs incurred in travelling to Canberra will not be recoverable under an award of costs, unless the Court orders otherwise. Counsel using the video link will appreciate the necessity of ensuring that the Court has access to any documents they wish to use during the hearing. These may be sent to the Court by facsimile communication up to one hour before the hearing is due to commence. The usual procedure will apply with respect to authorities. Notification of a request to be heard by video link should be in the following form: (Heading) TO THE REGISTRAR (and to all other parties) TAKE NOTICE that on the hearing of the application for special leave, the applicant (respondent) desires access to the video link. Dated the day of 20.. Solicitor for the applicant/respondent Practice Direction No 2 of 1987 5. Application for industrial order nisi 1. On 30 March 1994 the Industrial Relations Court of Australia will commence operation. 2. That court will have jurisdiction with respect to matters arising under the Industrial Relations Reform Act 1993 (section 412(1)) and in respect of matters remitted to it by the High Court under section 44 of the Judiciary Act 1903 (section 412(3)). 204 High Court of Australia Practice Notes (cont) For the purposes of section 44, the Industrial Relations court is taken to have jurisdiction with respect to any matter in which a writ of mandamus or prohibition or an injunction is sought against an officer or officers of the Commonwealth holding office under the Industrial Relations Reform Act 1993 or the Coal Industry Act 1946 (section.412(2)). 3. Applications for prerogative relief are presently made in the first instance exparte to a Justice of the High Court under Order 55 rule 1 of the High Court Rules. On 30 March 1994 and thereafter, for the purposes of applications against the Industrial Relations Commission and its members, and against the Coal Industry Tribunal, applications shall be made to a Justice by notice of motion supported by an affidavit. 4. The notice of motion which should be in the following form “Notice of Motion (Industrial Order Nisi) Heading To: AB Take Notice that the applicant/prosecutor intends to move a Justice of the High Court of Australia on the...............day of....................2001 at (insert city) for the following orders: 1. That the respondent show cause why a Writ of (Prohibition, Mandamus, Certiorari) should not issue out of this Court directed to the (insert respondent(s)) upon the grounds set out in the affidavit of (insert deponent) or alternatively 2. That the application for that writ be remitted to the Industrial Relations Court for hearing. Dated this..........................day of ..............................................................2001 Solicitor for the Applicant/Prosecutor” and shall be served upon all prospective respondents to the application in accordance with the provision of O 51 r 6(a) of the High Court Rules. 5. the affidavit in support should set out concisely: (a) the factual background to the proceedings; (b) the issues which have arisen between the parties before the Industrial Relations Commission, or one of its members or before the Coal Industry Tribunal; (c) (i) How those issues justify the granting of an order nisi and, 205 High Court of Australia Practice Notes (cont) (d) 6. 6. (ii) whether they raise a constitutional question and, if so, what that question is and, (iii) whether the proceeding should continue in the High Court rather than be remitted to the Industrial Relations Court; Exhibited to the affidavit should be: (I) the reasons for decision of the Industrial Relations Commission or of one of its members, or of the Tribunal; and (ii) such other documents as are necessary for the proper determination of the application; and (iii) a draft order nisi. The application will be listed before a Justice. A party opposing an order that the matter be remitted to the Industrial Relations Court should show by affidavit the grounds of opposition. Practice Direction No 1 of 1994 Recission of Practice Directions relating to the provision of authorities and legislation. Practice Directions 1 of 1986 entitled “Provision of authorities and legislation for Full Court hearing”, 1 of 1987 entitled “Provision of authorities and statutory material for civil special leave applications” and 2 of 1991 entitled “Provision of authorities and other materials on circuit are hereby rescinded. Practice Direction No 1 of 1996 8 July 1996 7. Provision of authorities and statutory material for applications for leave or special leave to appeal and applications for removal pursuant to s 40 of the Judiciary Act 1903 (Cth) If a party intends to refer to any case, text book, article, statute, regulation or any other material on an application for leave or special leave to appeal or an application for removal pursuant to section 40 of the Judiciary Act 1903 (Cth), that party must deliver four (4) copies of the relevant material to the Registry of the Court in the city where the Court will hear the application. The copies must be delivered no later than 9.00 am on the working day preceding the hearing of the application. Where the Court is hearing an application by video-link, the copies must be delivered to the Registry in Canberra no later than 9.00 am on the working day preceding the hearing of the application. Practice Direction No 3 of 1996 July 1996 206 High Court of Australia Practice Notes (cont) 8 Use of initials or pseudonyms in applications for leave or special leave to appeal and applications for removal pursuant to section 40 of the Judiciary Act 1903 (Cth) 1. This Practice Direction replaces Practice Direction No 5 of 1996 and applies to applications for leave or special leave to appeal and applications for removal pursuant to section 40 of the Judiciary Act 1903 (Cth) filed after 15 June 1999. Interpretation 2. (a) “application” means an application for leave or special leave to appeal or an application for removal pursuant to s.40 of the Judiciary Act 1903 (Cth) (b) “Court below” means the Court, Justice or Judge pronouncing the judgment below. (c) “party” includes an applicant and a respondent 3. Except as provided by this Practice Direction the names of the parties in applications shall be identical to the names used to identify the relevant parties in the proceedings in the Court below. 4. Where, in proceedings before the Court below, a party was identified by the use of initials or a pseudonym or the publication or disclosure of the name of a party was prohibited by operation of a statute or order of a Court, that party shall file an application in this Court using the initials or pseudonym of the party. The use of initials or a pseudonym will continue in proceedings in this Court unless a contrary order is made by the Court or a Justice. 5. In the case of an application which is pending but has not been determined by the Court before the commencement of this Practice Direction the Registrar may give a direction to the parties as to the procedures to be followed to enable a party to apply for leave to continue to use initials or a pseudonym. Practice Direction No 1 of 1999 9 June 1999 9 Written submissions and authorities: All Full Court matters except removal applications or leave or special leave applications. Objects 1. The objects of the procedures contained in this Practice Direction are: 207 High Court of Australia Practice Notes (cont) (a) To provide detailed written submissions of the parties to an appeal or other proceeding before the Full Court so that the Justices may better understand the contentions of the parties before the hearing of the matter commences; (b) To enhance the utility of oral argument, in particular by identifying and focusing attention upon the central issue (or issues) in the matter; and (c) To avoid uncertainty or disputes about the documents that are required and the receipt of such documents. Application 2. This Practice Direction applies to all matters before a Full Court. other than application for leave or special leave to appeal and applications for removal pursuant to section 40 of the Judiciary Act 1903 (Cth). (3) (1) “Appellant” includes a moving party before the Full Court. (2) “Respondent” includes a defendant or other party opposing before the Full Court. (3) “Intervener” includes any person intervening or seeking leave to intervene or to be heard as amicus curiae before the Full Court. (4) “Day” means clear working day. In the case of proceedings which are not an appeal, the requirements of this Practice Direction shall be modified as appropriate. 4. Unless otherwise directed by the Court, a Justice or a Registrar, written submissions shall be furnished by the parties in accordance with this Practice Direction. General Requirements 5. Every written submission shall: (a) on the first page state the title of the proceeding and its number, a short description of the document, and the name of the party for whom the submissions are filed; (b) be legibly and clearly written, typewritten or printed; (c) be upon paper of the size known as international paper size A4 of good and durable quality and capable of receiving ink writing; (d) be upon one side only of the paper with a margin upon the left-hand side of each sheet of not less than 3 cm and a margin of not less than 3 cm at the top and at the bottom of each sheet; 208 High Court of Australia Practice Notes (cont) (e) be printed or typed in typeface not smaller than 12 point and inn line spacing that is not less than single spacing. Appellant’s Submissions 6. An appellant shall, at least ten (10) days before the hearing of an appeal, file nine (9) copies of its written submissions. 7. The written submissions of the appellant shall; (a) without the leave of the Court or a Justice be no more than 20 pages in length; (b) contain, first, a concise statement of the issue or issues the appellant contends that the appeal presents; (c) certify that the appellant has considered whether any notice (or, if notice has been given, any further notice) should be given to Attorneys General in compliance with section 78B of the Judiciary Act 1903 (Cth); (d) contain, second, a citation of the authorised report of the reasons for judgment of both the primary and the intermediate court in the case (or, if there is no authorised report of a decision, the citation of any other report of that decision, and in the absence of any report, the internet citation); (e) set out a narrative statement of the relevant facts found or accepted in the court from which the proceedings are brought with appropriate reference to the appeal book; (f) contain a succinct argument, but with appropriate detail, setting out; (g) (i) the error or errors complained of in the court from which the proceedings are brought; (ii) the applicable legislation, principle or rule of law relied upon, with references to authority or legislation signifying their relevant to the appellant’s argument; (iii) where relevant, an analysis of the rationale of the legislation, principle or rule; (iv) how the legislation, principle or rule applies to the facts or other relevant material in the case; contain (or if more than one page long, attach as an annexure) the relevant constitutional provisions, statutes and regulations as they existed at the time in question, set out verbatim and either 209 High Court of Australia Practice Notes (cont) (I) a statement that those provisions are still in force, in that form, at the date of making the submissions; or (ii) a copy of each later provision amending or repealing those provisions, together with any relevant transitional provision; (h) be accompanied by a chronology, listing the principal events leading to the litigation, with appropriate references to the appeal book in respect of findings of fact and evidence relating to those events; (i) be accompanied by any unreported decisions, statutory materials, decisions of foreign or other courts, academic articles or book extracts and other relevant material to which reference may be made in the course of argument if any of these materials is unlikely to be readily available to the opposing party (j) state the precise form of order or orders sought by the appellant. Respondent’s Submissions 8. A respondent to the appeal shall, at least seven (7) days before the hearing of an appeal, file nine (9) copies of its written submissions. 9. The written submissions of the respondent shall; (a) without the leave of the Court or a Justice be no more than 20 pages in length; (b) contain, first, a concise statement of the issue or issues the respondent contends that the appeal presents; (c) certify that the respondent has considered whether any notice (or, if notice has been given any further notice) should be given to Attorneys General in compliance with section 78B of the Judiciary Act 1903 (Cth); (d) contain a statement of any material facts set out in the appellant’s narrative of facts or chronology that are contested, with appropriate reference to the appeal book; (e) state whether the appellant’s statement of applicable constitutional provisions, statutes and regulations is accepted and, if not, identify the respect or respects in which it is alleged to be wrong or incomplete: (f) contain a statement in accordance with par 7(f) of that party’s argument in answer to the arguments of the appellant; (g) contain any necessary accompanying material in accordance with the requirements of par 7(I). 210 High Court of Australia Practice Notes (cont) Interveners 10. 11. Not less than fifteen (15) days before the day fixed for the hearing of the proceeding any intervener in the proceeding shall give notice in writing to the Court and to all parties to the proceeding of: (a) that person’s intention to intervene; (b) the asserted basis of the intervention; and (c) the party or parties in support of whom the intervention is to be made. Not less than five (5) days before the day fixed for hearing any intervener in the proceeding shall file nine (9) copies and serve on all parties to the proceeding and all other interveners who have given notice of intention to intervene written submissions no longer than 20 pages addressing, where necessary, why leave to intervene or to be heard as amicus curiae should be granted and addressing so many of the matters referred to in par 7(f) of this Practice Direction as the person seeking to intervene desires to make the subject of submissions to the Court. Submissions in Reply 12 No later than two (2) days before the day fixed foe hearing of the appeal the appellant may file nine (9) copies of a single written submission in reply to all submissions made by the respondent and interveners supporting the interest of the respondent. That submission shall be no more than five (5) pages in length. 13 No later than two (2) days before the day fixed for hearing of the appeal a respondent may file nine (9) copies of a single written submissions in reply to all submissions made by interveners supporting the interest of the appellant. That submission shall be no more than five (5) pages in length. Cross Appeals 1. If a respondent seeks special leave to cross-appeal at the hearing of the appeal, (a) that party shall file nine (9) copies of separate written submissions no longer than ten (10) pages in support of the cross-appeal at the same time as that party’s submissions in relation to the appeal; (b) any appellant who is respondent to a cross-appeal shall file nine (9) copies of written submissions no longer than five (5) pages in answer to the cross-appeal at the same time as that party’s submissions in reply in relation to the appeal. Signature, Filing and Service 15 The written submissions shall be signed by the senior legal practitioner who is to present the case in Court or, if a party is unrepresented, by the party and shall contain a clear statement of the name, telephone and facsimile number of the signature and the date of filing 211 High Court of Australia Practice Notes (cont) 16. The written submissions, together with the chronology and accompanying material, shall be filed in the Principal Registry in Canberra or in the Registry of the Court in the jurisdiction in which the proceedings were commenced (or, in the case of interveners, in the Registry of their home State or Territory). 17. The written submissions shall be served on the other party or parties on the same day as they filed in the Court. Supplementary Submissions 18. No supplementary written submissions may be filed before the hearing except with the leave of the Court, a Justice or the Registrar. Authorities 19. Each party or intervener must lodge with the Principal Registry in Canberra a typewritten list of all cases, text books, articles, legislation and other authorities which counsel intend to cite in any matter. The list must be lodged at least two (2) days before the day fixed for the hearing of the matter. It must contain only those cases, text books, articles, legislation and authorities from which passages are to be read. The list must also show the page numbers of those passages and the sections of any relevant legislation that are to be cited. Cases, text books, articles, legislation and authorities to which reference may be made are not to be included in the list. 20. If it becomes necessary to cite material that is not on the list, nine (9) copies of the material must be provided for the Court. 21. Because of difficulties of access to reports and statutes while the Court is sitting in Adelaide, Brisbane, Hobart and Perth, counsel are asked to provide seven (7) copies of all reports (other than Commonwealth Law Reports), statutes and other materials from which they intend to read. Counsel should consider whether it will be enough for the purpose of argument to provide a copy of the headnote of a report and the passages to be read, similarly in the case of statutes and other materials. Counsel are urged to liaise with each other well before the hearing of a matter so as to avoid duplication of photocopies. Commencement 22. This Practice Direction takes effect in relation to matters set down for hearing in the June 2000 sittings of the Court and thereafter and replaces the previous Practice Direction No 2 of 1995 relating to authorities and Practice Direction No 4 of 1996 relating to written submissions 23 February 2000 Practice Direction No 1 of 2000 212 FEDERAL COURT OF AUSTRALIA JUDGES Location Chief Justice: The Hon Michael Eric John Black AC Melbourne Judges: The Hon Bryan Alan Beaumont The Hon Murray Rutledge Wilcox The Hon Jeffrey Ernest John Spender The Hon Peter Ross Awdry Gray The Hon Jeffrey Allan Miles AO The Hon Donnell Michael Ryan The Hon Robert Shenton French The Hon Marcus Richard Einfeld The Hon Alastair Bothwick Nicholson AO RFD The Hon Malcolm Cameron Lee The Hon Howard William Olney The Hon John William von Doussa The Hon Donald Graham Hill The Hon Maurice Francis O'Loughlin The Hon Deirdre Frances O'Connor The Hon Terence John Higgins The Hon Peter Cadden Heerey The Hon Douglas Paton Drummond The Hon Richard Ellard Cooper The Hon Antony Philip Whitlam The Hon Christopher John Seymour Metford Carr The Hon Michael Francis Moore The Hon Catherine Margaret Branson The Hon Jane Hamilton Mathews The Hon Kevin Edmund Lindgren The Hon Brian John Michael Tamberlin The Hon Ronald Sackville The Hon Susan Mary Kiefel The Hon Robert David Nicholson The Hon Paul Desmond Finn The Hon Ross Alan Sundberg The Hon Shane Raymond Marshall The Hon John Robert Felix Lehane The Hon Anthony Max North The Hon Rodney Neville Madgwick The Hon Ronald Merkel The Hon John Ronald Mansfield The Hon Alan Henry Goldberg The Hon Arthur Robert Emmett The Hon Raymond Antony Finkelstein 213 Sydney Sydney Brisbane Melbourne Canberra Melbourne Perth Sydney Melbourne Perth Melbourne Adelaide Sydney Adelaide Sydney Canberra Melbourne Brisbane Brisbane Sydney Perth Sydney Sydney Sydney Sydney Sydney Sydney Brisbane Perth Canberra Melbourne Melbourne Sydney Melbourne Sydney Melbourne Adelaide Melbourne Sydney Melbourne Federal Court Of Australia (cont) The Hon Geoffrey Michael Giudice The Hon Mark Samuel Weinberg The Hon John Alfred Dowsett The Hon Leslie Sydney Katz The Hon Peter Graham Hely The Hon Susan Coralie Kenny The Hon Roger Vincent Gyles AO The Hon Richard Alan Conti The Hon Margaret Ackary Stone 214 Melbourne Melbourne Brisbane Sydney Sydney Melbourne Sydney Sydney Sydney Federal Court Of Australia (cont) FEDERAL COURT OF AUSTRALIA FULL COURT SITTINGS FOR 2001 Notice is hereby given that, subject to their being sufficient business, sittings of a Full Court of the Federal Court of Australia during 2001 will be held in all capital cities within the periods indicated below: . 5 February - 2 March 2001 . 7 May - 1 June 2001 . 6 August - 31 August 2001 . 5 November - 30 November 20001 Any urgent matter may be transferred to a place of sitting other than that in which the matter was heard at first instance. If the circumstances require it a Full Court may sit in capital cities to deal with matters on dates other than those listed. MEJ BLACK Chief Justice 2 August 2000 215 FEDERAL COURT REGISTRIES Principal Registry Registrar: Senior Deputy Registrar: Deputy Registrar Mr W G Soden Mr A C Dawson Mr P J Kellow Level 17 Law Courts Building Queens Square SYDNEY NSW 2000 Telephone: (02) 9230 8111 Facsimile: (02) 9223 7706 Hours: 9.00am – 5.00pm New South Wales District Registry Victoria District Registry District Registrar: District Registrar Mr P Seccombe Mr J Mathieson Level 16 Law Courts Building Queens Square SYDNEY NSW 2000 Telephone: (02) 9230 8567 Facsimile: (02) 9230 8535 Hours: 450 Little Bourke Street MELBOURNE VIC 3000 Telephone: (09) 8600 3333 Facsimile: (09) 8600 3281 9.00am – 4.00pm Hours: 9.00am – 4.30pm Australian Capital Territory District Registry Queensland District Registry District Registrar: District Registrar: Mr G Ramsay Mr J Mathieson Childers Street CANBERRA CITY ACT 2601 Level 6 Commonwealth Law Courts 119 North Quay BRISBANE QLD 4000 Telephone: Facsimile: (02) 6267 0566 (02) 6267 0625 Telephone: (07) 3248 1100 Facsimile: (07) 3248 1260 Hours: 10.00 am-1.00 pm; 2.00 pm -4.00 pm Hours: 216 9.00 am – 4.00 pm Federal Court of Australia Registries (Cont) South Australian District Registry Northern Territory District Registry District Registrar: Registrar Manager: Ms Sally Walker Mr P Carey 8th Floor Grenfell Centre 25 Grenfell Street ADELAIDE SA 5000 Ground & First Floor TCG Centre 80 Mitchell Street DARWIN NT 0800 Telephone: Facsimile: (08) 8205 4436 (08) 8205 4439 Telephone: (08) 8941 2333 Facsimile: (08) 8981 6081 Hours: 9.00 am – 4.00 pm Hours: 9.30 am – 4.00 pm Western Australia District Registry Tasmania District Registry District Registrar: District Registrar Mr A Parratt Mr M Jan PSM Level 6 Commonwealth Law Courts 1 Victoria Avenue PERTH WA 6000 Commonwealth Law Courts Building 39-41 Davey Street HOBART TAS 7000 Telephone: Facsimile: (08) 9268 7100 (08) 9221 3261 Telephone: (03) 6232 1715 Facsimile: (03) 6232 1701 Hours: 8.30am – 4.00 pm Hours: 217 9.30 am – 4.00 pm FEDERAL COURT OF AUSTRALIA PRACTICE NOTES & GUIDELINES INDEX TO PRACTICE DIRECTIONS http://www.fedcourt.gov.au No 1 2 3 4 5 6 7 8 9 10 11 12 13 14. 15 16 17 18 Subject Heading Date signed by Chief Justice Page Appeals to a Full Court Bankruptcy Practice – Revoked. A substitute Practice Note 2 has not been issued Usual undertaking as to damages Orders that Terms of Settlement not be disclosed Affidavits Federal Proceedings (Costs) Act 1981 Vacation Hearings Assisted Dispute Resolution Citation of Cases Anton Piller Orders Survey Evidence Insurance of property arrested under the Admiralty Act 1988 Service of documents outside the Commonwealth – Order 8 Discovery Information to be provided to the Court to enable the appropriate treatment of persons coming before it Affirmations and Oaths Information Technology Tax List 8 April 1994 8 April 1994 219 222 14 June 1999 8 April 1994 222 222 8 April 1994 8 April 1994 8 April 1994 8 April 1994 8 April 1994 8 April 1994 8 April 1994 10 May 1996 223 223 224 224 225 225 226 227 28 April 1997 227 12 February 1999 1 November 1999 228 228 21 January 2000 20 April 2000 6 February 2001 229 231 235 15 September 1999 237 GUIDELINES Guidelines for expert witnesses in proceedings 218 FEDERAL COURT OF AUSTRALIA PRACTICE NOTES Practice Note No 1 APPEALS TO A FULL COURT Practice Note No 1 issued on 25 July 1991 is revoked and the following Practice Note No 1 is substituted. A Listings for Full Court sittings The District Registrar will prepare a list of all appeals which are pending for hearing before a Full Court. Where the number of appeals justifies a callover, the District Registrar will forward to the solicitors on the record, or where there is no solicitor, to the party, a notice of callover which will include the callover date. The list will be calledover before a Judge or a Registrar. At the call-over the representatives of the parties should advise the Court whether the appeal index has been settled, whether the appeal books have been prepared, the names of counsel appearing to argue the appeal, the preferred dates for hearing, and the expected duration of the appeal. The hearing date, with a "not before" marking, will be fixed within the range of dates published for the sittings of a Full Court. If the circumstances require it, a hearing date may be fixed outside the published range of dates. Those appeals not fixed for hearing may be adjourned to the following callover of Full Court appeals or other directions may be made. After the callover, the District Registrar will publish a list of those matters which have been included in the sittings. The list will provide, amongst other things, the hearing date for each appeal. This list will be sent to all solicitors on the record, or where there is no solicitor, to the party, and to the Bar Association of the State or Territory in which the sittings are to be held. An appeal which has been fixed for hearing may be removed from the list only on the direction of a Judge. Where the number of appeals does not justify a callover, the District Registrar will obtain from the solicitors on the record, or where necessary from any unrepresented party, the information normally provided at a callover. After consultation with a Judge, the District Registrar will publish a list of those matters included in the sittings. The list will provide, amongst other things, the hearing date for each appeal. This list will be sent to all solicitors on the record, to unrepresented parties and to the Bar Association of the State or Territory. Matters may be removed from the list only on the direction of a Judge. Appeals may be added to the published lists only on the direction of a Judge. 219 Federal Court Of Australia Practice Notes (Cont) B Lists of Authorities and Legislation 1 Five copies of a typewritten list of authorities and legislation should be lodged with the District Registry at the place where the appeal is to be heard not later than two working days before the hearing of the appeal. 2 A copy of the list of authorities and legislation should, on the last working day before the hearing of the appeal, be given to all other counsel briefed in the matter. 3 The list should be divided into two parts. Part "A" should contain only the authorities and legislation from which passages are to be read. Part "B" should contain the authorities and legislation which counsel consider might be referred to but from which passages are not to be read. The relevant sections of legislation should be specified. 4 The Court will not ordinarily obtain for the use of the judges the cases on counsel's list of authorities except: (a) Cases in Part "A" of the list that are reported in the Commonwealth Law Reports, the Federal Court Reports or the Australian Law Reports; and (b) No more than five additional cases in Part "A" of the list, being cases identified on the list by an asterisk. 5 It is the responsibility of a party intending to refer at any length to additional cases to provide photocopies of those cases (or relevant parts of them) for the use of the judges, to be handed up during the argument. 6 It is the responsibility of a party intending to rely upon any material (including a judgment) contained in a loose-leaf service, or to rely upon any unreported judgment, to provide photocopies for the use of the judges, to be handed up during the argument. 7 Parties should also provide for the use of the judges photocopies of any section of legislation critical to the case. 8 Cases in Part "B" of a list of authorities will not be brought into court before the hearing begins. If counsel decided to refer at any length to such a case during the hearing, counsel should, as soon as possible, have a note passed to the court officer that the particular case will be required, or else provide photocopies for the use of the judges. 9 An extra copy of the list of authorities should be supplied to the Librarian of the relevant District Registry two days before the hearing in the case of the appellant and one day before the hearing in the case of the respondent. 10 It is the responsibility of the solicitors for the parties to ensure that this Practice Note is drawn to counsel's attention. 220 Federal Court Of Australia Practice Notes (Cont) C Notice of points of Appeal abandoned It is expected that counsel for the appellant will, within a reasonable time before the hearing of the appeal, give notice to the other parties to the appeal of any grounds of appeal to be abandoned. D Summaries of arguments The procedure set out below should be used except in those cases in which it appears to the Court or counsel that, because of the complexity of the case, more notice of the details of the argument to be advanced is needed. In those cases, the question should be raised at a directions hearing or at the callover and a special order for early delivery of summaries of arguments sought. Counsel for the appellant should ensure that on the last working day before the hearing there is lodged with the District Registry at the place where the appeal is to be heard, six copies of a typewritten summary of the appellant's argument and that a copy is given to all other counsel briefed in the matter. Counsel for all other parties should, as they commence their argument, hand up to each member of the Bench, and pass to all other counsel appearing, a typewritten summary of their argument. Three extra copies should be provided for the Court file, the court reporting service and the authorised reports. The summary should set out in numbered paragraphs an outline of each contention of law or fact on which counsel wishes to rely. The summary should be brief and should not ordinarily exceed three A4 pages in length. It will assist the Court if all necessary references to the appeal book, to any statutes and to the principal authorities relied upon, are included. The summary should also contain a reference to any extrinsic material to which it is intended to refer. Copies of extrinsic material should be provided. The summary will not in any way inhibit the development of argument. It may be departed from if counsel sees a need to do so. Counsel for the appellant should assume, in opening the appeal, that the members of the Bench have read the judgment and/or summing up of the Court appealed from and the notice of appeal. E Chronology In all cases where the nature or the complexity of the appeal makes a chronology appropriate, it is expected that counsel for the appellant, prior to the commencement of argument, will hand up for each member of the Bench (and pass to all other counsel appearing) a typewritten chronology of the relevant facts. Three extra copies should be provided. M.E.J. Black Chief Justice 8 April 1994 221 Federal Court Of Australia Practice Notes (Cont) Practice Note No 2 BANKRUPTCY PRACTICE Practice Note No. 2 (Bankruptcy Practice) Federal Court of Australia issued on 7 May 1990 is revoked. M.E.J. Black Chief Justice 8 April 1994 Practice Note No 3 USUAL UNDERTAKING AS TO DAMAGES Practice Note No 3 issued on 8 April 1994 is revoked and the following Practice Note No 3 is substituted. The ‘usual undertaking as to damages’ if given to the Court in relation to any interlocutory order made by it or any interlocutory undertaking given to it, is an undertaking: (a) to submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person, whether or not a party, adversely affected by the operation of the interlocutory order or undertaking or any continuation (with or without variation) thereof; and (b) to pay the compensation referred to in (a) to the person there referred to. M.E.J. Black Chief Justice 14 June 1999 Practice Note No 4 ORDERS THAT TERMS OF SETTLEMENT NOT BE DISCLOSED Practice Note No 4 issued on 7 May 1990 is revoked and the following Practice Note No 4 is substituted. Where any proceeding is settled, it is the general policy of the Court not to make an order that terms of settlement be not disclosed. Where the parties reach an agreement and the agreement is not filed, the Court may note that the parties have reached an agreement and have decided to keep the terms confidential. M.E.J. Black Chief Justice 8 April 1994 222 Federal Court Of Australia Practice Notes (Cont) Practice Note No 5 AFFIDAVITS Practice Note No 5 issued on 7 May 1990 is revoked and the following Practice Note No 5 is substituted. The filing and service of affidavits does not make them part of the evidence before the Court. The requirement by the Rules or by an order that affidavits be filed and served is a condition precedent to their becoming part of the evidence, subject to any order of dispensation which may be made in relation to their service or filing. When counsel for the party which has filed and served an affidavit reads it to the Court as part of that party's case, or at the request of that counsel, the Court treats it as having been so read, it becomes, subject to any rulings on admissibility, part of the evidence. The same considerations apply to annexures or exhibits to an affidavit, which may be received in evidence, either retaining their existing markings, or being freshly marked, as the Court may order. M.E.J. Black Chief Justice 8 April 1994 Practice Note No 6 FEDERAL PROCEEDINGS (COSTS) ACT Practice Note No 6 (Federal Proceedings (Costs) Act 1981) issued on 7 May 1994 is revoked and the following Practice Note No 6 is substituted. Costs certificates - Federal appeals Applications for costs certificates under sections 6, 7 and 7A of the Federal Proceedings (Costs) Act 1981 may be made to a single member of the Court that heard the appeal, sitting in chambers. It would be more appropriate for the application to be dealt with in chambers where, for example, under sub-section 7(1) of the Act, it is necessary for the Court to have evidence in order to exercise the powers conferred by the Act. Affidavits setting out the facts in support of the application should be filed in the District Registry where the matter was heard. A member of the Court that heard the appeal will then consider the matter in accordance with section 12 of the Act. Costs certificates-new trials; Incomplete proceedings Applications for costs certificates under section 8 and 10 of the Act should be made pursuant to section 12 of the Act to a member of the Court that heard the appeal. The application, together with any affidavit which sets out the facts to support the application, should be filed in the District Registry where the appeal was heard. M.E.J. Black Chief Justice 8 April 1994 223 Federal Court Of Australia Practice Notes (Cont) Practice Note No 7 VACATION HEARINGS Practice Note No 7 issued on 7 May 1990 is revoked and the following Practice Note No 7 is substituted. The following procedure is required for obtaining a hearing in the Court's vacation: 1. Lodge with the Registry: (a) an affidavit setting out the reasons why a hearing is sought during the vacation (this affidavit is in addition to any other documentation that the Rules require to be filed); and (b) a draft of the order sought for a hearing in the vacation under Order 2 rule 2(2). 2. A Judge will consider the documents and the District Registrar will advise the applicant, and if appropriate other parties, of any order made and any date fixed for a hearing. M.E.J. Black Chief Justice 8 April 1994 Practice Note No 8 ASSISTED DISPUTE RESOLUTION Practice Note No 8 issued on 7 May 1990 is revoked and the following Practice Note No 8 is substituted. The Federal Court offers litigants a system of Court annexed mediation, Assisted Dispute Resolution (ADR), should they wish to avail themselves of it. Parties may request mediation or the Judge might suggest it at the directions hearing. The Federal Court's system of ADR ordinarily consists of reference to a Registrar of the Court who sits as a mediator in a confidential conference with the parties. If mediation is successful, the parties may then have their agreement embodied in a consent judgment. Parties may be referred to a listing conference under Order 10 (1)(2)(h) with a view to clarifying the issues and at which the possibility of a mediated settlement may also be explored. Parties do not lose their priority in the hearing list should a mediation or listing conference be conducted. M.E.J. Black Chief Justice 8 April 1994 224 Federal Court Of Australia Practice Notes (Cont) Practice Note No 9 CITATION OF CASES The Federal Court Reports are the authorised reports of cases decided by the Court. When a case has been reported in the Federal Court Reports, the report in that series should be cited to the Court. The authorised reports of cases decided in other courts are to be preferred to reports that are not authorised. M.E.J. Black Chief Justice 8 April 1994 Practice Note No 10 ANTON PILLER ORDERS Where the Court is considering making an "Anton Piller" or analogous order, appropriate undertakings or conditions to the order which have regard to the following matters will ordinarily be required or imposed: 1. In general, such orders should be permitted to be executed during business hours only. 2. It is desirable that the order and all relevant Court documents be served, and execution of the order supervised, by a solicitor other than a member of the firm of solicitors acting for the applicant. Alternatively, the applicant may be required to give an undertaking that independent legal advice will be made available to the occupier of the premises to which the order relates before the order is executed. The solicitor supervising execution of the order will be required to prepare a written report about the execution of the order and a copy of that report will be required to be served on the respondent and presented to the Court as soon as practicable. 3. If the order directs an occupant of residential premises to permit a search of the premises to be carried out and the applicant is aware that at the time at which service of the order is effected the occupant of the premises is likely to be a woman, the supervising solicitor is to be, or to be accompanied by, a woman. 4 The person to whom the order is directed should be advised of the right to obtain legal advice before the order is executed provided that the advice is able to be obtained promptly. 5. Safeguards should be included in the order that will prevent applicants in person searching for and examining the documents of a trade rival. 225 Federal Court Of Australia Practice Notes (Cont) 6 An inventory of items seized should be prepared and the occupant given the opportunity to check the inventory and given a signed copy of the inventory before any items are removed. 7 The period during which a person may be restrained from informing any other person (other than a solicitor) of the existence of the order should be as short as possible. 8 In some cases it may be appropriate for the Court to order that the material seized be delivered to an independent person to be held without disclosure to the applicant pending an inter partes hearing of the matters in issue, at which the respondent may present argument why the material should not be disclosed to the applicant. 9 If an independent custodian is to hold seized material the custodian may be required to provide a written undertaking to retain the material without disclosure to any person until further order. M.E.J. Black Chief Justice 8 April 1994 Practice Note No 11 SURVEY EVIDENCE There are many problems in obtaining acceptable survey evidence including the use of relevant and unambiguous questions and whether the actual conduct of the survey (including methodology) is satisfactory. The admissibility of surveys is always a matter for the trial judge to determine but the risk of the survey being rejected or given little, if any, weight at the trial may be diminished if the following procedure is followed when a party seeks to have a survey conducted. Subject to other directions of the Court in the particular case, the Court expects that this practice will usually be followed: 1. Notice should be given in writing by the party seeking to have the survey conducted to the other parties to the proceeding. 2. The notice should give an outline of: (a) the purpose of the proposed survey; (b) the issue to which it is to be directed; (c) the proposed form and methodology; (d) the particular questions that will be asked; (e) the introductory statements or instructions that will be given to the persons conducting the survey; (f) other controls to be used in the interrogation process. 3. The parties should attempt to resolve any disagreement concerning the matter in which the survey is to be conducted and any of the matters mentioned in 2 above. 226 Federal Court Of Australia Practice Notes (Cont) 4. The matter of the survey should be raised with the Court at a directions hearing as soon as possible after the steps mentioned above have been taken. M.E.J. Black Chief Justice 8 April 1994 Practice Note No 12 INSURANCE OF PROPERTY ARRESTED UNDER THE ADMIRALTY ACT 1988 The Admiralty Act 1988 (Cth) provides for the arrest of property (including vessels) by the Marshall in actions in rem. The Marshal will obtain indemnity insurance for the period the vessel is in the possession of the Marshal. The costs of that insurance will be an expense incurred by the Marshal payable by the party issuing the writ for the arrest of the vessel. The Court may require that party to undertake to pay the cost of the insurance at the time the writ is issued. The Marshal does not at any time during the period of arrest hold commercial insurance for the benefit of any person who has an interest in the arrested property including cargo. Persons with an interest in the arrested property and their solicitors may wish to consider the question of insuring the amount of their interest against consequential risks, including risks occasioned by any movement of the vessel. M.E.J. Black Chief Justice 10 May 1996 Practice Note No 13 SERVICE OF DOCUMENTS OUTSIDE THE COMMONWEALTH - ORDER 8 A party seeking leave to serve originating process abroad under Order 8 should support the application with evidence of advice obtained from the International Civil Procedures Section of the Commonwealth Attorney-General’s Department as to the most appropriate form of service in the country concerned and as to the legality under the law of the country concerned of service in the manner proposed. The International Civil Procedures Section of the Attorney-General’s Department may be contacted at : International Civil Procedures Section Attorney-General’s Department Robert Garran Offices National Circuit BARTON ACT 2600 Telephone: (06) 250 6666 M.E.J. Black Chief Justice 10 May 1996 227 Federal Court Of Australia Practice Notes (Cont) Practice Note No 14 DISCOVERY Practitioners should expect that, with a view to eliminating or reducing the burden of discovery, the court:(a) will not order general discovery as a matter of course, even where a consent direction to that effect is submitted; (b) will mould any order for discovery to suit the facts of a particular case; and (c) will expect the questions set out below to be answered. Prior to a directions hearing at which discovery is to be sought, the parties should give careful consideration to the following questions. 1. Is discovery necessary at all, and if so, for what purposes? 2. Can those purposes be achieved; (a) by means less expensive than discovery? (b) by discovery only in relation to particular issues? (c) by discovery (at least in the first instance – see (3)) only of defined categories of documents? 3. Particularly in cases where there are many documents, should discovery be given in stages, eg initially on a limited basis, with liberty to apply later for particular discovery or discovery on a broader basis? 4. Should discovery be given in the list of documents by general description rather than by identification of individual documents? MEJ Black Chief Justice 12 February 1999 Practice Note No 15 INFORMATION TO BE PROVIDED TO THE COURT TO ENABLE THE APPROPRIATE TREATMENT OF PERSONS COMING BEFORE IT The Federal Court is concerned to ensure that all persons coming before it (including practitioners, litigants and witnesses) are treated in a manner that is appropriate and consistent with their reasonable expectations. 228 Federal Court Of Australia Practice Notes (Cont) To this end, practitioners are expected to provide the following information in respect of all persons to be referred to or addressed by the Court. The information must be provided to the Court (via the associate of the presiding judge), and ordinarily to the other parties, no later than 24 hours before any hearing (including a directions hearing) at which the information may be required./ 1. Titles (eg “Dr”) and preferred form of address (eg “Ms” or “Mrs”) 2. If not already obvious, the correct pronunciation of names, and the identification of family names. 3. Details of any interpreting services to be relied upon in Court and of any special needs of the interpreter which the Court might have to meet. 4. If an oath is to be taken by a witness in a non-standard form – the form in which it is to be taken and any arrangements that may need to be made by the Court for the taking of that oath. 5. Any practical and procedural arrangements that may need to be made by the Court to accommodate persons coming before it – for example, a hearing loop, or regular adjournments to enable a carer to attend to a child. 6. Any other information that may be required to facilitate the appropriate treatment of persons in Court. MEJ Black Chief Justice 1 November 1999 Practice Note No 16 AFFIRMATIONS AND OATHS 1. In nearly all circumstances, a person giving evidence in a proceeding before the Federal Court of Australia, whether orally or by affidavit, is required by law to make an affirmation or take an oath/ The purpose of this requirement is to compel people to tell the truth. 2. It is a criminal offence for a person deliberately to give false evidence after making an affirmation or taking an oath. 3. Annexed to this practice note is the text of a card setting out the form of oath or affirmation that witnesses will be requested to read, or to have read on their behalf, before giving evidence to the Court. A copy of the card will be handed to each witness upon entering the witness box. 4. The Court expected practitioners to ensure that witnesses are properly informed, in advance of their giving evidence, of the purpose of and procedure for making an affirmation or taking an oath. It also expects practitioners: 229 Federal Court Of Australia Practice Notes (Cont) . to ensure that court officers are informed before court commences of any witness who would prefer to have the oath or affirmation read on their behalf (eg because of poor sight or limited literacy); and . to give the court (via the judge’s associate) at least 24 hours’ notice of any other special arrangements that may need to be made by the Court to facilitate the taking of an oath or making of an affirmation by a witness. (For example, the Court must be notified if a witness requires a holy book other than the Bible). MEJ Black Chief Justice 21 January 2000 (Side 1 of card) INFORMATION FOR WITNESSES 1. PLEASE READ THIS INFORMATION BEFORE YOU COME FORWARD TO GIVE EVIDENCE: If you are to give oral evidence in the Federal Court of Australia, you are first required by law *: i to make an AFFIRMATION (which is a solemn undertaking to tell the truth without reference to a god or a religious belief); OR ii to take an OATH (which is swearing to tell the truth by reference to a god). You can choose between taking an OATH or making an AFFIRMATION. If you choose to take an oath you may, if you wish, hold or place your hand on the bible. You are, however, not required to hold or touch the bible. The bible is on the witness box in front of you. Taking an oath or making an affirmation is an act of personal commitment and conscience. It is a criminal offence to deliberately give false evidence after making an affirmation or taking an oath. * The form of oath and affirmation is set out in the Evidence Act 1955 (Cth). ON THE OTHER SIDE OF THIS CARD IS THE TEXT OF THE OATH AND THE AFFIRMATION. YOU MAY WISH TO PRACTICE THE OATH OR AFFIRMATION TO YOURSELF BEFORE YOU ARE CALLED TO GIVE YOUR EVIDENCE. 230 Federal Court Of Australia Practice Notes (Cont) (Side 2 of card) 2. THE COURT OFFICER WILL TELL YOU WHEN TO GIVE YOUR OATH OR MAKE YOUR AFFIRMATION. YOU SHOULD THEN READ THE WORDS OF THE OATH OR AFFIRM,ATION SET OUT BELOW ALOUD TO THE COURT. OATH “I SWEAR ** BY ALMIGHTY GOD *** THAT THE EVIDENCE I SHALL GIVE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.” (** you may promise) (*** you may refer to your God by name) AFFIRMATION “I SOLEMNLY AND SINCERELY DECLARE AND AFFIRM THAT THE EVIDENCE I SHALL GIVE WILL BE THE TRUST, THE WHOLE TRUST AND NOTHING BUT THE TRUTH.” Practice Note No 17 GUIDELINES FOR THE USE OF INFORMATION TECHNOLOGY IN LITIGATION IN ANY CIVIL MATTER. PART 1 – DISCOVERY Introduction 1. The primary purpose of this Practice Note is to encourage the use of information technology during the discovery process in civil litigation in the Court, but parties are also encouraged to consider the use of information technology during trial. Parties are encouraged to consider these issues from the commencement of proceedings. 2. The Court may issue further Practice Notes about the use of information technology during discovery and at trial. A benefit of an agreed protocol for exchange of electronic data during discovery is the more efficient use of information technology at the hearing. 3. Parties to any civil proceedings are encouraged, where appropriate, to: (a) (b) (c) (d) (e) use electronic data to create lists of discoverable documents; undertake discovery by exchanging electronic data created in accordance with an agreed protocol; exchange electronic versions of documents such as pleading and statements; arrange for inspection of discovered material by using electronic data. including images, where appropriate; and consider the use of electronic data at trial. 231 Federal Court Of Australia Practice Notes (Cont) 4. If the parties believe that they will be discovering more than 500 documents between them, they are encouraged to agree, before commencement of discovery, upon a protocol for exchanging documents and indexes in electronic format. 5. Where the parties have agreed that discovery should be undertaken by exchanging documents and indexes in electronic format, they are encouraged to: (a) (b) (c) 6. endeavour to reach agreement on the protocol to be used; seek a consent order from the court with respect to the agreed protocol to be used; or seek a direction from the court as to the protocol to be used if the parties cannot agree. Where the parties agree to decide on a protocol for exchanging electronic data, the protocol should include: (a) (b) (b) (c) (d) the exchange of court documents and statements in electronic format; the exchange of court documents and statements in electronic format; the exchange of discovery lists and documents in electronic format (including images, where appropriate); the appropriate medium for exchange of electronic data during discovery; the use of technology at the trial. 7. This Practice Note provides assistance for the parties to agree upon protocol and guidance on how to collect electronic data. 8. Parties may find the Technology Check List set out in Annexure A * useful to define the information technology protocols to be agreed upon during the court of proceedings. 9. Annexure B * provides guidance on the fields of data the parties should consider using to collect electronic data. 10. The Court also encourages parties, in appropriate cases, to deliver the court documents in electronic format to the trial Judge’s associate prior to the hearing. These will supplement the hard copy documents filed with the Registry. 11. Technical terms used in this Practice Note are defined in the Glossary at Annexure C. * 232 Federal Court Of Australia Practice Notes (Cont) Electronic exchange of court documents 12. Where a party serves a pleading, affidavit, statement, list of documents or interrogatories upon another party, the recipient may ask that party to provide a copy of that document in an electronic format. 13. The court expects parties to accede to reasonable requests for copies of documents in an electronic format. 14. Subject to 16 below, where a party provides a document in electronic format, that document must contain the same text as the paper copy. 15. Where appropriate, the parties may wish to prepare a document in a structured format, such as HTML, so that hypertext links can be made where appropriate. For example, if a document refers to a Document ID, a hypertext link can be made to the relevant document image. 16. Where a document contains annexures, the party will normally be expected to provide an electronic version of those annexures together with the electronic version of the hose document, provided those annexures are documents created in electronic format by or on behalf of the party or its solicitors for the purposes of the litigation. 17. The Court expects parties to make all reasonable efforts to agree on such matters as: (a) (b) (c) the format in which electronic versions of court documents will be provided; the methods by which electronic versions of court documents are to be exchanged; and the terms and conditions on which electronic versions of court documents are to be exchanged. 18. In general, it will not be regarded as unreasonable for a party to provide documents in an electronic format subject to a condition that it is the responsibility of the recipient to test for viruses. 19. The court may direct a party to provide the court with copies of court documents in specified electronic format. Subject to 16 above, where a party provides the court with a document in electronic format, that document shall be in the same format and contain the same text as the paper copy. The court expects the party providing documents in electronic format to provide appropriate written warnings about the need to test for viruses. Electronic exchange of discovery lists and documents 20. The parties are encouraged, from the commencement of proceedings, to consider ways to use information technology to manage the discovery and inspection process more efficiently. 233 Federal Court Of Australia Practice Notes (Cont) 21. The most appropriate use of information technology will usually depend on the volume and categories of documents that are to be discovered. That in turn may depend on any agreement between the parties, or any direction from the court, limiting the scope of discovery. 22. Decisions about the appropriate use of technology will be better informed if the parties have identified the scope of discovery and the categories of documents likely to be discoverable. 23. At directions hearings, the court may make orders that parties: (a) (b) meet to discuss how best to use technology to exchange information about their discoverable documents or imaged copies of the documents; make written submissions on how best to use technology to: i ii 24. exchange information about their discoverable documents or imaged copies of the documents; and manage information in the proceedings generally. The court will expect the parties to make all reasonable efforts to agree on such matters as: (a) (b) (c) (d) (e) the medium to be used to exchange data concerning discoverable documents and/or images of the documents; how data should be delimited; the format of the date (for example, whether it should be ASCII text or some other agreed format); how the parties will record the date of service of the electronic data and ensure that the party providing the data and the nature of the data may be readily identified (for example, by appropriate labels on disks, CD-Roms or other medium used to exchange date); the terms and conditions on which data and/or images will be exchanged. 25. In general, it will not be regarded as unreasonable for a party to provide electronic data on the condition that it is the responsibility of the recipient to test it for viruses. 26. As a general rule, at the next directions hearing after the use of information technology has been raised, parties will be expected: (a) (b) to have ascertained the number and categories of documents likely to be discoverable by that party, taking into account any limits on discovery that may be agreed between the parties or the subject of a direction by the court; to have attempted to agree with each other party on whether and how to use technology to exchange lists of discoverable documents and/or imaged copies of the documents; 234 Federal Court Of Australia Practice Notes (Cont) (c) to be able to make informed submissions about whether and how information technology should be used to exchange lists of discoverable documents and/or imaged copies of the documents. 27. Parties wishing to use a database to record and exchange discovery data may refer to the table in Annexure B. This sets out a list of fields that could be included in such a database for both discovery and case management purposes. Parties should feel free to add, modify or disregard the suggested fields to suit the requirements of the litigation. 28. Existing rules of court presuppose that a hard copy list of documents will be verified by affidavit. If a party believes that it is appropriate to dispense with the verification of a hard copy list or to adopt some other means of verification, it should apply to the court for an appropriate direction. 29. Parties should also consider the possibility that data relating to their discoverable documents can be provided to the court electronically (in addition to any hard copy list). Technology for hearing 30. If parties have exchanged electronic data by electronic means to facilitate discovery and inspection, they should also consider and make submissions to the court regard8ing how best to use information technology at the hearing. 31. For example, the parties’ electronic data could form the basis for an index to an agreed bundle, for lists to assist with the tendering process, or for the creation of a database of documents admitted into evidence and rulings on the admissibility of documents. 32. More generally, parties should consider: (a) (b) the equipment and services (including appropriate hardware, software and additional infrastructure) that they and the court may require at the trial; and the arrangements that may need to be made between the parties, the court and any third party service providers to ensure that appropriate equipment and services are available at the hearing. MEJ Black Chief Justice 20 April 2000 * Annexures not reproduced. See www.fedcourt.gov.au Practice Note No 18 TAX LIST The Court has been advised by the Commissioner of Taxation that a large number of objections lodged by taxpayers are likely to be disallowed over the course of the next year. It may be expected that a number of taxpayers will, in consequence, apply to 235 Federal Court Of Australia Practice Notes (Cont) the Court by way of appeal of that objection decision. The great majority of the objections which are likely to be disallowed concern arrangements which involve the participation of more than one taxpayer. In many cases the taxpayers involved will be resident in different States and Territories. Following consultation with representatives of the Commissioner, the Australian Government Solicitor and the Law Council of Australia the Court has decided that, until further notice, all new application to the Court by way of appeal of objection decisions will be placed, on a provisional basis, in a tax list and be listed before the tax list judge for each State or Territory. Where the application is one which involves only the circumstances of a particular taxpayer and not the participation of multiple taxpayers in an arrangement, the tax list judge will make such initial directions as are appropriate and stand the matter over to the Judge by whom the matter is likely to be heard in accordance with the ordinary method of case allocation. Where, however, the application is one which concerns an arrangements involving the participation of more than one taxpayer the tax list judge, in consultation with the parties and their advisers and the tax list judges in other States or Territories where appropriate, will seek to identify suitable test cases to proceed to trial. The State or Territory in which these test cases will be heard will be selected having regard among other considerations, to the wishes of the parties and their advisers, the residence of witnesses and Court resources. Legal representatives or parties may obtain from the Registry a list of all applications filed in the Court which are said to involve arrangements of a king similar to those in which their clients or they are said to have participated. Cases not selected as test cases will be stood over to a date 18 months after the direction hearing at which the order is made with liberty to either party to apply to have the matter restored to the tax list on 7 days notice. A national list of cases that are so deferred will be maintained. Cases selected as test cases will be allocated for hearing in accordance with the ordinary method of case allocation in the State where the test cases are to be heard. The tax list judge will make such initial directions as are appropriate before referring the matter to the judge who is to hear the test cases and who will make such further directions as may be necessary to ensure that the test cases are ready for trial/ The Commissioner of Taxation and his advisers have agreed to indicate to the Court prior to the first directions hearing whether an application is one which is said to concern an arrangement with multiple taxpayers and to advise the applicant or his, her or its solicitor of this fact. It is expected that taxpayers or their advisers will, prior to the first directions hearing, discuss the question of the selection of test cases, where appropriate. Until further notice the tax list judge in each State or Territory and the days on which tax matters will be listed will be as follows: Adelaide: O’Loughlin J 236 Monday Federal Court Of Australia Practice Notes (Cont) Brisbane: Darwin: Hobart: Melbourne: Sydney: Perth: Kiefel J O’Loughlin J Goldberg J Goldberg J Hill J Lee J Tuesday Monday (by video conference) Wednesday (by video conference) Wednesday Thursday Friday Until otherwise notified, the tax list judge will sit to hear initial directions at such time as may be notified on the morning of the day shown. While Finn J is on leave, Hill J will be the tax list judge for the Australian Capital Territory and will hear applications by video conference. It is hoped in this way to minimise, as far as possible, the costs of the parties and maximise the use of the Court’s resources. BA BEAUMONT Acting Chief Justice 6 February 2001 GUIDELINES FOR EXPERT WITNESSES IN PROCEEDINGS IN THE FEDERAL COURT OF AUSTRALIA Practitioners should give a copy of the following guidelines to any expert witness they propose to retain for the purpose of giving a report and giving evidence in a proceeding. The guidelines are not intended to address exhaustively all aspects of an expert’s duties. M.E.J. Black Chief Justice 15 September 1998 GUIDELINES General Duty to the Court1 . An expert witness has an overriding duty to assist the Court on matters relevant to the expert’s area of expertise. . An expert witness is not an advocate for a party. . An expert witness’s paramount duty is to the Court and not to the person retaining the expert. The Form of Expert Evidence2 . An expert’s written report must give details of the expert’s qualifications, and of the literature or other material used in making the report. See “Access to Justice” Draft Civil Proceedings Rules: The Rt Hon Lord Woolf, July 1996 at Pl 32.1: see also Lord Woolf “Medics, Lawyers and the Courts”, (1997) 16 C.J.Q. 302 at 313. 2. See “Access to Justice” Draft Civil Proceedings Rules: The Rt Hon Lord Woolf, July 1996 at Pl 32.9. 1 237 Federal Court Of Australia Practice Notes (Cont) . All assumptions made by the expert should be clearly and fully stated. . The report should identify who carried out any tests or experiments upon which the expert relied in compiling then report, and give details of the qualifications of the person who carried out any such test or experiment. . Where several opinions are provided in the report, the expert should summarise them. . The expert should give reasons for each opinion. . At the end of the report the expert should declare that “(the expert) has made all the inquiries which (the expert) believes are desirable and appropriate and that no matters of significance which (the expert) regards as relevant have, to (the expert’s) knowledge, been withheld from the Court.” . There should be attached to the report, or summarised in it, the following : (i) (ii) (iii) all instructions (original and supplementary and whether in writing or oral) given to the expert which define the scope of the report; the facts, matters and assumptions upon which the report proceeds; and the documents and other material; which the expert has been instructed to consider. . If, after exchange of reports or at any other stage, an expert witness changes his or her view on a material matter, having read another expert’s report or for any other reason, the change of view should be communicated in writing (through legal representatives) without delay to each party to whom the expert witness’s report has been provided and, when appropriate, to the Court.3 . If the expert’s opinion is not fully researched because the expert considers that insufficient data is available, or for any other reason, this must be stated with an indication that the opinion is no more than a provisional one. Where an expert witness who has prepared a report believes that it may be incomplete or inaccurate without some qualification, that qualification must be stated in the report.4 . Where an expert’s report refers to photographs, plans, calculations, analyses, measurements, survey reports or other extrinsic matter, these must be provided to the opposite party at the same time as the exchange of reports.5 3 The “Ikarian Reefer” (1993) 20 FSR 563 at 565 4 The “Ikarian Reefer” (1993) 20 FSR 563 at 565 5 The “Ikarian Reefer” (1993) 20 FSR 563 at 565 – 566. See also Ormrod “Scientific Evidence in Court” (1968) Crim LR 240 238 Federal Court Of Australia Practice Notes (Cont) Expert’s Conference . If experts retained by the parties meet at the direction of the Court, it would be improper conduct for an expert to be given or to accept instructions not to reach agreement. If, at a meeting directed by the Court, the experts cannot reach agreement on matters of expert opinion, they should specify their reasons for being unable to do so. 239 FAMILY COURT OF AUSTRALIA Chief Justice: The Hon Alastair Bothwick Nicholson AO RFD Melbourne Deputy Chief Justice: The Hon Alan James Barblett AO RFD AE Northern Region Justice Neil J Buckley, Judge Administrator Brisbane Sydney Justice John E Ellis, Judge of the Appeal Div Justice Alwynne RO Rowlands AO RFD Justice Josephine MH Maxwell Justice Mary Jane M Lawrie Justice Peter J Moss Justice John M Cohen Justice Colleen A Moore Justice Richard Chisholm Justice Stephen O’Ryan Justice John Steele Parramatta Justice Eric R Baker, Judge of the Appeal Div Justice Richard W Gee Justice John S Purdy Justice Warwick R Rourke Justice Ian R Coleman Justice Lloyd Waddy Newcastle Justice Margaret A Renaud Justice Graham R Mullane Brisbane Justice Travis E Lindenmayer, Judge of the Appeal Div Justice Graham R Bell Justice John Jerrard Justice Peter FA Hilton Justice Bernard J Warnick Justice Brian Jordan Justice Michelle May 240 Perth Family Court Of Australia - Justices (Cont) Townsville Justice James PO Barry Southern Region Justice Hubert R Frederico, Judge Administrator - Melbourne Melbourne Justice John F Fogarty AM, Judge of the Appeal Div Justice Joseph V Kay, Judge of the Appeal Div Justice Roderick Joske Justice Adrian Smithers Justice Heather Carter Justice Anthony Graham Justice Nahum Mushin Justice Sally Brown Justice Linda Dessau Justice Susan Morgan Justice Paul Guest Canberra Justice Mary M Finn, Judge of the Appeal Div Justice John Faulks Dandenong Justice John R Wilczek Adelaide Justice Kemeri A Murray Justice Anne Robinson Justice Hugh J Burton Justice Christine Dawe Justice Rodney Burr Hobart Justice Michael Hannon 241 REGISTRIES The postal address of Family Court registries is PO Box 9991 in the cities or towns concerned. OFFICE OF THE CHIEF EXECUTIVE Chief Executive: Principal Registrar: Mr L Glare Ms A Filippello 97 Goulburn Street SYDNEY NSW 2000 Telephone: (02) 9212 4774 Facsimile: (02) 9212 4761 SOUTHERN REGION Judge Administrator: The Hon Justice Frederico Southern Regional Office 12th Floor, Marland House 570 Bourke Street MELBOURNE VIC 3000 Telephone: (03) 9604 2900 Facsimile: (03) 9600 1468 Melbourne Registry Dandenong Registry 10th Floor Marland House 570 Bourke Street MELBOURNE VIC 3000 Telephone: (03) 9604 2900 Facsimile: (03) 9670 4253 53-55 Robinson Street DANDENONG VIC 3175 Canberra Registry Adelaide Registry Family Court Building Cnr University Avenue & Childers Street CANBERRA CITY ACT 2601 Telephone: (02) 6267 0511 Facsimile: (02) 6257 1586 5th Floor Grenfell Centre 25 Genfell Street ADELAIDE SA 5000 Telephone: (08) 8205 2666 Facsimile: (08) 8205 2688 Telephone: (03) 9767 6200 Facsimile: (03) 9791 2253 Hobart Registry Commonwealth Law Courts 39 - 41 Davey Street HOBART TAS 7000 Telephone: (03) 6232 1725 Facsimile: (03) 6232 1723 242 Family Court Of Australia (Cont) NORTHERN REGION Judge Administrator: The Hon Justice Buckley Northern Regional Office Level 9, 97-99 Goulburn Street SYDNEY NSW 2000 Telephone: (02) 9212 4664 Facsimile: (02) 9212 2281 Sydney Registry Wollongong Registry Lionel Bowen Building 97-99 Goulburn Street SYDNEY NSW 2000 Telephone: (02) 9217 7111 Facsimile: (02) 9217 7134 1st Floor Commonwealth Govt Centre 43 Burrell Street WOLLONGONG NSW 2500 Telephone: (02) 4225 0200 Facsimile: (02) 4228 4770 Parramatta Registry Lismore Registry 1-3 George Street PARRAMATTA NSW 2123 Level 2 Manchester Unity Building 29-31 Molesworth Street LISMORE NSW 2480 Telephone: (02) 6621 8977 Facsimile: (02) 6622 0377 Telephone: Facsimile: (02) 9893 5555 (02) 9893 5600 Newcastle Registry Rockhampton Registry 61 Bolton Street NEWCASTLE NSW 2300 4th Floor Commonwealth Centre Cnr East & Fitzroy Streets ROCKHAMPTON QLD 4700 Telephone: (07) 4921 2939 Facsimile: (07) 4922 5784 Telephone: Facsimile: (02) 4926 1255 (02) 4926 5204 Brisbane Registry Townsville Registry Commonwealth Law Courts Cnr North Quay & Tank Street BRISBANE QLD 4000 Telephone: (07) 3248 2200 Facsimile: (07) 3236 1534 6th Floor Northtown Office Tower 280 Flinders Mall TOWNSVILLE QLD 4810 Telephone: (07) 4733 9333 Facsimile: (07) 4772 3262 Darwin Registry Ground & 1st Floor TCG Centre Building 80 Mitchell Street DARWIN NT 0800 Telephone: (08) 8981 1488 Facsimile: (08) 8981 6081 243 FAMILY COURT OF AUSTRALIA PRACTICE DIRECTIONS www.familycourt.gov.au INDEX No Subject Date Page 1. Injunctions 8.2.90 245 2. Proceedings relating to Defacto Property 3/1990 26.6.90 245 3 Order 24 conferences in Appeals 5/1990 6.12.90 245 4 Appeals 6/1990 6.12.90 246 5 Child Sexual or other Physical Abuse 1/1991 27.6.91 249 6 Notification as to costs of Litigation 2/1991 27.6.91 249 7 Applications for leave to appeal 1/1993 26.1.93 250 8 Federal Proceedings (Costs) Act 1981 2/1995 7.2.95 252 9 Interim and Procedural applications 1/1996 28.6.96 252 10 Case Management Guidelines 1/1997 11 Transcript on Appeals 2/1997 26.5.97 253 12 Affidavit - Interim Residence, Contact Specific Issues 1/1998 19.3.98 253 13 Forms – Year 2000 1/1999 10.12.99 254 14 General Timetable of an Appeal: Summary of Argument and List of Authorities 2/1999 10.12.99 254 15 Kupai Omasker: Traditional Torres Strait Islander Child Adoption 3/1999 24.12.99 254 16 Form 17 – Transitional Compliance Arrangements 1/2000 27.6.00 255 17 E-Filing Pilot Program, Melbourne Registry 2/2000 6.11.00 256 2/1990 253 Note: For Practice Directions particular to the Darwin Registry see page 196 of this publication 244 FAMILY COURT OF AUSTRALIA PRACTICE DIRECTIONS Practice Direction No 2 of 1990 – Injunctions 1. In any matter in which a party is subjected to a restraint imposed by an interim or interlocutory injunction (whether such imposition is ex parte, by consent or otherwise) the party having the benefit of the restraint may be required to give to the Court an undertaking to be called “the usual undertaking as to damages” in the following terms: “The applicant or respondent (as the case may be) personally (or by his/her counsel/solicitor) undertakes to the court to abide by any order the court may make as to damages in case the court should hereafter be of the opinion that the respondent or applicant (as the case may be) shall have sustained any such damage by reason of this order which the applicant or the respondent (as the case may be) ought to pay.” 8 February 1990 2 Practice Direction No 3 of 1990 - Proceedings relating to De Facto Property 1. The reasons of the Full Bench in Chapman and Jansen (1990) FLC 92139 were handed down on 30 April 1990. 2. Applications which, but for cross-vesting legislation fall outside the Family Court’s jurisdiction, should not be filed unless there is a related proceeding within the Court’s jurisdiction. 3. Thus, property applications between de facto spouses will not normally be dealt with by the Family Court unless there is a related matter in issue between the parties which falls ordinarily with the jurisdiction of this Court. 4. In the event of such an application being made in this Court, the matter is likely to be transferred to the Supreme Court. 26 June 1990 3. Practice Direction No 5 of 1990 - Order 24 Conferences in Appeals 1. In all matters in which an appeal is instituted pursuant to section 94 of the Family Law Act after 1 January 1991 it is proposed that the parties attend a conference pursuant to O.24 in relation to the matters to which the appeal relates. 2. The Appeals Registrar may, at the meeting to settle the index to the appeal papers, make orders with respect to the appointment of a conference under Order 24, such conference to be held prior to the ordering of the transcript from which the appeal has arisen. 245 Family Court Of Australia Practice Directions (Cont) 3. The conference shall be conducted by a Judicial Registrar or the Principal Registrar. 4. Until further notice, this practice direction shall only apply to appeals instituted in the Eastern Region. 6 December 1990 4. Practice Direction No 6 of 1990 - Appeals I. A. Practice Direction No 1 of 1990 is hereby revoked. B. The following practice direction will take effect as from this date. List of Authorities Typewritten lists of authorities to appeals to a Full Court should be lodged with the Appeals Registrar no later than 48 hours before the hearing of the appeal. # The list of authorities should be divided into two parts. Part 1 should contain only those authorities which counsel definitely intend to cite in submissions before the Court. 2. Unreported judgments (1) Unreported judgments may be cited in the Full Court only with leave. (2) Leave will be given only if the Court is satisfied that the unreported decisions or which is binding on the Court or of persuasive authority, and prior notice of intention to rely upon such judgments has been given to the other party. (3) Applications may be made at the hearing provided that at least 2 clear days’ notice of intention to cite the judgment (together with a copy thereof) is given to all other parties to the appeal and to the Appeals Registrar (together with 4 copies thereof). 3. Notices of points of appeal abandoned It is expected that counsel for an appellant or cross-appellant should give to all other parties, in good time before the hearing of an appeal, notice of any points of appeal abandoned. 4. Summary of argument (1) Each party to an appeal should prepare a summary of argument in accordance with sub-paragraph (2) of this direction. (2) Such summary should set out in numbered paragraphs:- 246 Family Court Of Australia Practice Directions (Cont) (a) an outline of each contention of law or fact to be relied upon in no more than one or two sentences, being sufficient only to identify each point, not to argue it or elaborate upon it; (b) all necessary references to the appeal book, statutes, principal authorities and affidavits; (c) where necessary a list of the dramatis personae and a glossary of terms; (d) a reference to an extrinsic material to which it is intended to refer (see section 15AB of the Acts Interpretation Act 1901) together with copies of such material. (3) The summary will not in any inhibit the development of argument; it may be departed from if counsel sees it as necessary to do so. (4) Counsel for the appellant, in opening the appeal, should assume that Members of the Court have read the judgment of the Court below and the notice of appeal. (5) Each party shall, 48 hours before the appeal commences, deliver to the Appeals Registrar 5 copies of the summary and as the argument is commenced deliver one copy to each other party to the appeal. # 5. Chronology (1) It is expected that counsel for the appellant, as he or she commences argument, will hand to each member of the Bench (and pass to all other counsel appearing) a typewritten chronology of the facts of the case, together with 5 extra copies, in all cases where the nature or complexity of the case makes such a chronology appropriate. (2) The parties to the appeal, if possible, shall agree on a chronology before the hearing commences. 6. Costs (1) An application for costs in respect of an appeal may be made orally at the time the judgment is delivered. (2) Subject to the above an application for costs shall be in accordance with Form 42A. (3) The application shall be filed in the Principal Registry within one month from the making of the decree. (4) A sealed copy of the application shall be served on each party to the appeal by assured service. 247 Family Court Of Australia Practice Directions (Cont) (5) Directions as to the hearing of the application may be made by the Judge who presided on the hearing of the appeal or at his discretion by another Judge who was a member of the Full Court on the hearing of the appeal. (6) Without limiting the generality of the preceding paragraph the Judge may direct that the hearing proceed by way of written submission or by way of oral submission to be taken by the Full Court or by a single Judge. (7) At the time of making an application for costs (whether made orally or in writing) the party making the application shall provide the Court with an itemised estimate of the costs sought including disbursements and the costs of preparation of the appeal book. 7. Appeals (costs certificate) (1) An application for a certificate under the Federal Proceedings (Costs) Act 1981 in respect of an appeal may be made orally at the time the judgment is delivered. (2) Subject to sub-paragraph (1) an application for a certificate shall be in accordance with Form 42A. (3) The application shall be filed in the Principal Registry within one month from the making of the decree. (4) A sealed copy of the application shall be served on each other party to the appeal by assured service. (5) Directions as to the hearing of the application may be made by the Judge who presided on the hearing of the appeal or at his direction by another Judge who was a member of the Full Court on the hearing of the appeal. (6) Without limiting the generality of the preceding paragraph, the Judge may direct that the hearing proceed by way of written submissions or by way of oral submissions to be taken by the Full Court or by a single Judge. (7) At the time of making an application for a certificate (whether made orally or in writing) the party making the application shall provide the Court with an itemised estimate of the costs sought including disbursements and the costs of preparation of the appeal book. # See Case Management Guidelines para 13.3.4(e) for new time limits. 8. Transcript in appeals In the interests of reducing the costs of litigation, parties should include only those portions of the transcript which are necessary for the proper conduct of the appeal. To this end, at the appointment to settle the appeal book index, the Registrar will inquire of the parties what portions of the transcript need be included. In circumstances where the parties or either of them and the Registrar are not in agreement, and the Registrar is of the view that only one or more portions of the 248 Family Court Of Australia Practice Directions (Cont) transcript is necessary, or the parties are in agreement but the Registrar disagrees, the matter will be referred to a single Judge of the Appeal Division for directions. 6 December 1990 5. Practice Direction No 1 of 1991 - Child Sexual or other physical abuse The following practice direction has been issued by the Chief Justice of the Family Court of Australia to commence on 1 August 1991. In all matters in which consent orders for custody or access are sought where allegations of child sexual or other physical abuse have been made in the written material, it shall be incumbent upon the parties or their legal practitioners to draw to the attention of the court prior to the making of the orders the following: (a) the substance of the allegations that have been made; and (b) the manner in which the orders attempt to deal with the allegations. 27 June 1991 6. Practice Direction No 2 of 1991 - Notification as to costs of Litigation The Practice Direction No 4 of 1990 is revoked. The following Practice Direction will take effect as and from 1 August 1991. 1(A) Immediately prior to any Order 24 Conference the solicitor for each party shall deliver to that party a memorandum in writing setting out: (a) the approximate costs of the party up to and including the Order 24 Conference; (b) the estimated future costs of the preparation for trial including (I) (ii) (iii) (c) affidavits as to evidence-in-chief; further valuations; further necessary enquiries, eg the valuation of a business; and the estimated costs of the first day of the trial. 1(B) Where no Order 24 Conference is held, then immediately prior to the first directions hearing after completion of counselling under 62 or, in the event that a directions hearing is not held, prior to the Pre-hearing Conference, the solicitor for each party shall deliver to that party a memorandum in writing setting out: (a) the approximate costs of the party up to and including the directions hearing and/or Pre-hearing Conference; (b) the estimated future costs of preparation for trial including 249 Family Court Of Australia Practice Directions (Cont) (I) (ii) (iii) affidavits as to evidence-in-chief any further necessary investigation or enquiries; the estimated cost of the first day of trial 1(C) The solicitor shall, at the request of the Registrar conducting the Conference, provide to the Registrar a copy of the said memorandum. If such a request is made and complied with, the memorandum is to be returned to the solicitor at the conclusion of the Conference. 2. At the commencement of the final hearing of any application (other than an interlocutory application) the solicitor for each party shall deliver to that party a memorandum in writing setting out: (a) (b) (c) (d) 7. the approximate costs to date of the party, including the cost of the first day of the trial; estimated further witnesses’ expenses; the cost per day of the trial; and the estimated length of the trial. 27 June 1991 Practice Direction No 1 of 1993 - Applications for leave to appeal 1. As soon as practicable after an application for leave to appeal has been filed, the Regional Appeals Registrar shall arrange for the application to be listed before a Judge of the Appeal Division for directions and notify each party of the time and date so arranged. 1A As soon as practicable after an application to extend the time for the institution of an appeal or filing an application for leave to appeal has been lodged for filing, the same will be referred to the Regional Appeals Registrar who shall arrange for the application to be listed before a Judge. Save for exceptional circumstances, such as the lack of ready availability of a Judge of the Appeal Division, the application shall be listed before a single Judge of the Appeal Division. It should be noted that such applications can be dealt with by telephone. 2. At such hearing, the Appeal Judge may give such directions as are appropriate for the hearing of the application, including: (a) A direction that the application be listed for hearing before the Full Court; (b A direction that the hearing referred to in (a) above be argued together with the proposed appeal (c) A direction pursuant to Rule 6 of Order 32A that the application be dealt with without an oral hearing. 250 Family Court Of Australia Practice Directions (Cont) 3. Where the Judge of the Appeal Division gives a direction under paragraphs 2(a) and/or (b) the Judge may give such other directions as to any further material to be filed or otherwise as is appropriate. 4. Where a direction is given pursuant to paragraph 2(c) hereof; (A) The applicant for leave to appeal should prepare written submissions: (a) divided into paragraphs numbered consecutively; (b) concisely stating; (i) (ii) (iii) (c) which, so far as practicable, refer to matters in the copies of the appeal papers by page number, and not extract that matter; (d) signed by the legal representative, by or on behalf of the party on whose behalf they are signed, and (i) (ii) (iii) (B) (C) the circumstances out of which the application arises; the contentions to be urged by the applicant for leave to appeal the reasons relied upon; the name of the signatory; a telephone number at which the signatory can be contacted; and if available, the signatory’s facsimile and Document Exchange numbers; The applicant shall, within 14 days of the date on which the direction was given; (a) lodge with the Appeals Registrar 3 copies of the written submission; and (b) serve 3 copies on each other party to the application. The respondent shall within 14 days of the service upon him or her of the written submissions of the applicant: (a) lodge with the Appeals Registrar 3 copies of the written submissions prepared in accordance with paragraph A above; and (b) serve 3 copies on each party to the application. 251 Family Court Of Australia Practice Directions (Cont) (D) 5. The applicant may file and serve a concise response to the arguments of the respondent within 7 days of the service upon him or her of the submission of the respondent. NOTE: An answer filed in accordance with Rule 7 should not contain legal argument. 26 January 1993 8. 1. Practice Direction No 2 of 1995 - Federal Proceedings (Costs) Act 1981 Costs certificates - Federal appeals Applications for costs certificates under sections 6, 7 and 7A of the Federal Proceedings (Costs) Act 1981 may be made to a single member of the Court that heard the appeal, sitting in chambers. It would be more appropriate for the application to be dealt with in chambers where, for example, under sub-section 7(1) of the Act, it is necessary for the court to have evidence in order to exercise the powers conferred by the Act. Affidavits setting out the facts in support of the application should be filed in the Regional Appeal Registry where the matter was heard. A member of the court that heard the appeal will then consider the matter in accordance with section 12 of the Act. 2. Costs certificates - new trials: incomplete proceedings Applications for costs certificates under sections 8 and 10 of the Act should be made pursuant to section 12 of the Act to a member of the Court that heard the appeal. The application, together with any affidavit setting out the facts in support of the application, should be filed in the Regional Appeal Registry where the appeal was heard. 7 February 1995 9. Practice Direction No 1 of 1996 - Interim and Procedural applications Order 8 of the Family Law Rules makes provision for the filing of a Form 8 in respect of interim and procedural applications. A practice has developed of filing Form 8 applications seeking interim orders in circumstances where there is no substantive application for Final Orders (Form 7). The Rules are to be amended to correct this practice. The following practice is to be implemented pending amendment to the Rules. Where an order is sought for interim or procedural relief and the application (Form 8) is not one which falls within the provisions of O 8 r 4, and there are no current proceedings for final relief of the kind dealt with in the Form 8 application or in respect of which the interim or procedural orders are sought, the applicant must file a Form 7 or an amended Form 7 contemporaneously with the application. 26 June 1996 252 Family Court Of Australia Practice Directions (Cont) 10. Practice Direction No 1 of 1997 - Case Management Guidelines These Guidelines are a Practice Direction made by the Chief Justice. They are intended to inform those who use the Court and their lawyers how the Court’s case management system works, the arrangements which will regulate the progression of cases and the events which go to make up that progression. The key obligations of parties to proceedings are dealt with in the Family Law Rules (the Rules). These Guidelines are intended to be read in conjunction with those Rules. Within the context of these Guidelines individual matters will be dealt with on their facts and, where there is good reason, the Court may permit departure from the Guidelines. In considering whether departure from the Guidelines is appropriate, the Court should not only give consideration to the effect on the individual case but also on other cases awaiting hearing and the resources available. # On a number of occasions the parties are required to attend Court either in respect of these Guidelines, for the purpose of conciliation or mediation, or for hearings or some other reason. It is recognised that in cases where there are allegations of family violence or orders for protection, there is a need to protect parties who use the Court’s services and their physical safety will not be compromised. 3 April 1997 # not reproduced 11. Practice Direction No 2 of 1997 - Transcript on Appeals Order 32 rule 13 provides for the obtaining the whole or relevant parts of the transcript of the recording of the proceedings which are the subject of an appeal (see also Practice Direction No 6 of 1990 as amended by Practice Direction No 1 of 1995 and Chapter 14 of the Case Management Guidelines which have the status of a practice direction (No 1 of 1997)). Parties and their legal representatives are advised that in order to comply with the rule and the relevant practice directions, the transcript must have been prepared by the contractor providing services to the court from which the appeal originates. 26 May 1997 12. Practice Direction No 1 of 1998 – Affidavit – Interim Residence, Contact, Specific Issues. Applications for interim parenting orders concerning residence, contact and specific issues and responses to such interim applications pursuant to Forms 8 and 8A are to be supported by an affidavit substantially in compliance with the proforma affidavit annexed hereto. * The proforma affidavit titled “Affidavit – Interim residence, contact, specific issues order” will assist unrepresented court users and will improve the focus of the information put before the court. 253 Family Court Of Australia Practice Directions (Cont) As from 11 May 1998 an affidavit of this type must be used in such interim applications and responses. Printed forms will be available from court registries in the usual way from 11 April 1998. A disk version will be available from the Family Court Publications Unit from early may. 19 March 1998 * Not reproduced 13. Practice Direction No 1 of 1999 – Forms Year 2000. After 1 January 2000 all of the prescribed Forms in Schedule 1 of the Family Law Rules which include the date “..19…” in the date field or the text of the form can be altered, where necessary, to insert the correct date and such Form will be deemed to comply with the Rules of the Court due to the substantial compliance provisions in the Acts Interpretation Act 1901 and Order 2 Rule 5 Family Law Rules. 10 December 1999 14. Practice Direction No 2 of 1999 –General Timetable of an Appeal: Summary of Argument and List of Authorities. Paragraph 14.11e. of the Case Management Guidelines No 1 of 1997 implemented by Practice Direction No 1 of 1997 is hereby revoked. The following entry takes effect as paragraph 14.11e. as and from 20 December 1999. A summary of the arguments to be presented, and a list of the authorities to be relied on at the hearing of an appeal or cross-appeal must be filed and served: (i) by the appellant or cross-appellant – no later than 14 days before the date of commencement of the sittings in which the appeal (and cross-appeal, if any) is listed for hearing; and (ii) by the respondent to an appeal or cross-appeal – no later than 7 days before the date of commencement of the sittings in which the appeal (and cross appeal, if any) is listed for hearing; and (iii) by a child’s representative (if any) – no later than 3 days before the date of commencement of the sittings in which the appeal is listed for hearing. 15. 10 December 1999 Practice Direction No 3 of 1999 –Kupai Omasker: Traditional Torres Strait Islander Child Adoption Despite any other provision of the Family Law Rules, applications for parenting orders concerning residence, contact and specific issues as a result of traditional and customary adoption practices by Torres Strait Islanders (Kupai Omasker) are to be made pursuant to a Form 8 supported by an affidavit substantially in compliance with the proforma affidavits entitled: 254 Family Court Of Australia Practice Directions (Cont) . . “Kupai Omasker (affidavit of applicant)” “Kupai Omasker (respondent’s affidavit)” Information sheets have been developed to assist in completing the affidavits: . . “Kupai Omasker – Torres Strait Islander Traditional Adoption Information for Applicants” “Kupai Omasker – Torres Strait Islander Traditional Adoption Information for Respondents” Background information about Kupai Omasker is also available in an information sheet entitled: . “Kupai Omasker Traditional Torres Strait Islander Child Rearing Practice” These documents are below. They will be available from Court Registries in the usual way from 4 January 2000. The purpose of the proforma affidavits and information sheets is to assist Court users and improve the focus of the information put before the Court in support of these applications. As from 1 January 2000 affidavits of this type must be used in such applications and responses. In order to contain the amount of material and the costs associated with bringing such application to Court it is not intended that where there is a consent agreement for the orders sought that any form other than a Form 8 and supporting affidavits will be required to be filed. In any case in which there is not a consent for orders to be made involving traditional and customary Torres Strait Islander practice the prescribed Rules of Court as to the preparation and filing of application s and affidavits will apply. To protect the privacy of the families and child involved in these matters, the certification signed and sealed by the Court will be issued to the applicants in cases where orders are made. 24 December 1999 16. Practice Direction No 1 of 1999 – Form 17 – Transitional Compliance Arrangements Order 17 rule 2 of the Family Law Rules provides: “A person who: (a) files an application instituting proceedings to which order applies; or 255 Family Court Of Australia Practice Directions (Cont) (b) is a respondent to proceedings to which this order applies and who files a response in those proceedings; must file with the application or response a financial statement in accordance with Form 17.” Pursuant to Statutory Rules 2000 No 172, a new version of the prescribed Form 17 titled “Financial Statement” is inserted into Schedule 1 of the Family Law Rules. The requirement to use the new version of the Form 17 commences on 1 July 2000. For the convenience of parties and their legal representatives, the Family Court of Australia will deem the former version of the Form 17 as having complied with the requirements of the Family Law Rules if it is filed prior to the date of 30 September 2000. 27 June 2000 17. Practice Direction No 1 of 1999 – E-Filing Pilot Program, Melbourne Registry – start date Wednesday 8 November 2000 1. This Practice Direction applies only to the following five legal firms, plus Victoria Legal Aid: (a) (b) (c) (d) (e) (f) Kenna Croxford & Co Barristers & Solicitors Wisewoulds Lawyers Maurice Blackburn Cashman Solicitors Marshalls & Dent Lawyer( Taussig Cherrie & Associates Lawyers Victoria Legal Aid 2. Order 2 Rule 4 of the Family Law Rules requiring the physical filing of documents shall be temporarily dispensed with in relation to the above mentioned legal firms and Victorian Legal Aid and filing as defined in Order 1 Rule 4 shall be deemed to include electronic filing. 3. Order 2 Rule 4 requiring the affixing of the court seal shall be temporarily dispensed with in respect to documents filed electronically and the endorsement made by an officer of the court on the Form 3 as to the file number, date of filing, date and time and place of hearing shall be deemed equivalent to the affixing of the court seal. 4. Order 8 Rule 11 and Order 18 requiring the service of a “court sealed” document shall be temporarily dispensed with and an unsealed document which has been both E-Filed and accepted by the court and allocated a file number and hearing date and time shall, if served in the usual manner, be regarded as effectively served. 6 November 2000 256 FAMILY COURT OF WESTERN AUSTRALIA Judges of the Family Court of Western Australia Chief Judge: The Hon Ian William Payne McCall * (from 14 July 1989) Judges: The Hon Alan J Barblett The Hon Ian WP McCall The Hon David Ross Anderson AM The Hon Nicholas Tolcon The Hon Michael Henry Holden * Their Honours also hold commissions in the Family Court of Australia REGISTRY AND OFFICE OF COLLECTOR OF MAINTENANCE Registry and Courts: 150 Terrace Road PERTH WA 6000 Telephone: (09) 224 8222 Facsimile: (09) 224 8360 GPO Box 9991 PERTH WA 6848 Collector of Maintenance: 150 Terrace Road PERTH WA 6000 Telephone: (09) 224 8222 GPO Box 9991 PERTH WA 6848 257 ADMINISTRATIVE APPEALS TRIBUNAL Principal Registry Brisbane Registry Registrar Level 4 Commonwealth Law Courts Cnr North Quay & Tank Street BRISBANE QLD 4000 District Registrar Level 4 Commonwealth Law Courts Cnr North Quay & Tank Street BRISBANE QLD 4000 Telephone: (07) 3361 3000 Facsimile: (07) 3361 3002 Telephone: (07) 3361 3000 Facsimile: (07) 3361 3001 Adelaide Registry Canberra Registry District Registrar 11th Floor Chesser House 91 Grenfell Street ADELAIDE SA 5000 District Registrar 4th Floor Canberra House 40 Marcus Clarke Street CANBERRA ACT 2601 Telephone: (08) 8201 0600 Facsimile: (08) 8201 0610 Telephone: (02) 6243 4611 Facsimile: (02) 6247 0962 Darwin Registry Melbourne Registry Northern Territory residents should direct any inquiries to the Brisbane Registry District Registrar Level 16 Southgate Tower East 40 City Road SOUTHBANK VIC 3006 Local call no 1300 366 700 Telephone: (03) 9282 8444 Facsimile: (03) 9282 8480 Hobart Registry Sydney Registry District Registrar Ground Floor Commonwealth Law Courts 39-41 Davey Street HOBART TAS 7000 District Registrar Level 7 City Centre Tower 55 Market Street SYDNEY NSW 2000 Telephone: (03) 6232 1712 Facsimile: (03) 6232 1701 Telephone: (02) 9391 2400 Facsimile: (02) 9283 4881 258 Administrative Appeals Tribunal Registries (cont) Perth Registry National telephone number District Registrar Level 8 Quadrant Building 1 William Street PERTH WA 6000 Telephone: (09) 268 7220 Facsimile: (09) 268 7299 The Tribunal provides a national “local call fee only” number for the use of applicants in country areas of Australia. The telephone number is 13 11 607 You can use the number to call the Tribunal’s office in the capital city of the state in which you live for the cost of a local call. 259 OFFICE OF THE ADMINISTRATOR OF THE NORTHERN TERRITORY His Honour the Administrator: Mr John Anictomatis OAM Deputy of the Administrator: Mrs Minna Sitzler AM Acting Official Secretary: Mr Chris Wrangle Government House The Esplanade DARWIN NT 0800 GPO Box 497 DARWIN NT 0801 Telephone : (08) 8999 7103 Facsimile : (08) 8999 5521 OFFICE OF THE ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY Attorney-General: The Honourable Denis Burke MLA Parliament House State Square DARWIN NT 0800 GPO Box 3146 DARWIN NT 0801 Telephone: (08) 8999 6076 Facsimile: (08) 8999 6670 260 OMBUDSMAN FOR THE NORTHERN TERRITORY OF AUSTRALIA (Investigates complaints about "administrative actions" of government departments including statutory authorities and local government bodies. This includes the police, although complaints against police officers are not solely confined to administrative actions and can include actions by police officers in the course of their duties as police officers.) Ombudsman: Peter A. Boyce Darwin Office: Alice Springs Office: 12th Floor NT House 22 Mitchell Street DARWIN NT 0800 Belvedere House Cnr Parsons & Bath Streets ALICE SPRINGS NT 0870 GPO Box 1344 DARWIN NT 0801 PO Box 2388 ALICE SPRINGS NT 0871 Telephone: (08) 8999 1818 Telephone: (08) 8951 5818 Facsimile: (08) 8999 1828 Facsimile: (08) 8951 5828 Toll Free: 1800 806 380 email: nt.ombudsman@nt.gov.au Internet: http://www.nt.gov.au/ombudsman OFFICE OF THE SOLICITOR-GENERAL Solicitor-General: Mr Tom Pauling QC 11th Floor NT House 22 Mitchell Street DARWIN NT 0800 GPO Box 1722 DARWIN NT 0801 Telephone: (08) 8999 6926 Facsimile: (08) 8999 5513 email: tom.pauling@nt.gov.au 261 NORTHERN TERRITORY ATTORNEY-GENERAL'S DEPARTMENT Secretary: Ms Margaret Lyons 45 Mitchell Street DARWIN NT 0800 GPO Box 1722 DARWIN NT 0801 Reception: Telephone: (08) 8999 6047 Facsimile: (08) 8999 6316 Legal Practice: Aboriginal Land Telephone: (08) 8999 6221 Facsimile: (08) 8999 7899 Commercial Telephone: (08) 8999 7837 Facsimile: (08) 8999 6316 Litigation Telephone: (08) 8999 7422 Facsimile: (08) 8941 0045 Policy Telephone: (08) 8999 7466 Facsimile: (08) 8999 7095 Appointments of Commissioners for Oaths & other office holders Telephone: (08) 8999 7011 Facsimile: (08) 8999 5388 262 Attorney-General's Department (cont) OFFICE OF THE REGISTRAR-GENERAL (Land Titles, General Registry, Registration of Powers of Attorney, Births Deaths and Marriages, Changes of Name, Marriage Ceremonies) Darwin Region Registrar-General: Mr Greg Shanahan Telephone: (08) 8999 7211 Facsimile: (08) 8999 6026 Senior Deputy Registrar-General Ms Gail Fleay Telephone: (08) 8999 7211 Facsimile: (08) 8999 6026 Project Officer Ms Wendy Endenburg Telephone: (08) 8999 5318 Facsimile: (08) 8999 6026 Land Titles Office Office Manager: Mrs June Forster Telephone: (08) 8999 7743 Facsimile: (08) 8999 6239 Supervising Draftsman Mr Darcy Buckle Telephone: (08) 8999 6231 Facsimile: (08) 8999 6239 Births Deaths and Marriages Office Manager Ms Michelle Dionisio Telephone: (08) 8999 6090 Facsimile (08) 8999 6324 Nichols Place Cnr Bennett & Cavenagh Streets DARWIN NT 0800 GPO Box 3021 DARWIN NT 0801 263 Attorney-General's Department (cont) Southern Region Office Manager Ms Sharon Mansell Telephone: (08) 8951 5493 Facsimile: (08) 8951 5340 Births Deaths and Marriages BDM Clerk : Ms Linda Phillips Telephone: (08) 8951 5338 Facsimile: (08) 8951 5340 Centrepoint Building Hartley Street ALICE SPRINGS NT 0870 GPO Box 8043 ALICE SPRINGS NT 0871 Public Trustee For The Northern Territory Public Trustee: Mr Greg Shanahan Ground Floor Nichols Place DARWIN NT 0800 GPO Box 470 DARWIN NT 0801 Telephone: (08) 8999 7271 Facsimile: (08) 8999 7882 264 OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS Director: Mr Rex Wild QC Darwin Office Deputy Director: Mr Jack Karczewski General Counsel Mr Michael Carey Senior Crown Prosecutors Mr John Adams Ms Alexis Fraser Mr Ron Noble Mr Peter Tiffin Level 1 Tourism House 43 Mitchell Street DARWIN NT 0800 GPO Box 3321 DARWIN NT 0801 Telephone: (08) 8999 7533 Facsimile: (08) 8999 7821 Southern Region Crown Prosecutor in Charge Dr Nanette Rogers 1st Floor, Centrepoint Building Hartley Street ALICE SPRINGS NT 0870 PO Box 2185 ALICE SPRINGS NT 0871 Telephone: (08) 8951 5800 Facsimile: (08) 8951 5812 265 SUMMARY PROSECUTIONS Darwin Office Officer in Charge: Snr Sgt Peter Thomas Level 2 Tourism House 43 Mitchell Street DARWIN NT 0800 PO Box 39764 WINNELLIE NT 0821 Telephone: (08) 8999 7900 Facsimile: (08) 8999 7525 Southern Region Officer in Charge: Snr Sgt Rob Burgoyne Centrepoint Building Cnr Gregory Terrace & Hartley Street ALICE SPRINGS NT 0870 PO Box 2630 ALICE SPRINGS NT 0871 Telephone: (08) 8951 5792 Facsimile: (08) 8951 5799 266 NORTHERN TERRITORY CORRECTIONAL SERVICES Head Office 2nd Floor Minerals House The Esplanade DARWIN NT 0800 GPO Box 3196 DARWIN NT 0801 Telephone: (08) 8999 5111 Facsimile: (08) 8999 5050 Darwin Court Services 2nd Floor Magistrates Court Nichols Place PO Box 40696 CASUARINA NT 0810 Telephone: (08) 8999 7350 Facsimile: (08) 8999 6353 Parole Board The Secretary Northern Territory Parole Board GPO Box 3196 DARWIN NT 0801 Telephone: (08) 8999 5111 Facsimile: 08) 8999 5050 267 NT POLICE, FIRE & EMERGENCY SERVICES Head Office Peter McAulay Centre McMillans Road BERRIMAH NT 0828 PO Box 39764 WINNELLIE NT 0821 Direct all inquiries of a legal nature to – Legal Services Officer Mr Greg Macdonald Telephone: (08) 8922 3496 Facsimile: (08) 8922 3385 email: greg.macdonald@msexchange.pfes.nt.gov.au AUSTRALIAN GOVERNMENT SOLICITOR Director: Mr Rick Andruszko Ninth Floor National Mutual Centre 11 Cavenagh Street DARWIN NT 0800 GPO Box 4700 DARWIN NT 0801 Telephone: (08) 8943 1444 Facsimile: (08) 8943 1420 268 COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS Assistant Director: Mr Matthew Bracks Ninth Floor National Mutual Centre 11 Cavenagh Street DARWIN NT 0800 GPO Box 3345 DARWIN NT 0801 Telephone: (08) 8980 8700 Facsimile: (08) 8980 8777 OFFICE OF THE PARLIAMENTARY COUNSEL Parliamentary Counsel Mr Tom Hurley Level 3 Parliament House State Square DARWIN NT 0801 GPO Box 3144 DARWIN NT 0801 Telephone: (08) 8999 7944 Facsimile: (08) 8999 7133 email: tom.hurley@nt.gov.au NORTHERN TERRITORY INTERPRETER AND TRANSLATOR SERVICE Director Ms Janicean Price Office of Ethnic Affairs Ground Floor, Palm Court 8 Cavenagh Street DARWIN NT 0801 GPO Box 1222 DARWIN NT 0801 Telephone: (08) 8999 7566 Facsimile: (08) 8999 5482 Free Call: 1800 676 254 email: ntitsoea.dcm@nt.gov.au 269 NORTHERN TERRITORY UNIVERSITY SCHOOL OF LAW Dean: Ms Suzanne Oliver Associate Dean: Mr Ken Parish Casuarina Campus Ellangowan Drive CASUARINA NT 0810 School of Law Northern Territory University DARWIN NT 0909 Document exchange: Supreme Court Telephone: (08) 8946 6833 Facsimile: (08) 8946 6933 email: law@ntu.edu.au 270 NORTHERN TERRITORY LEGAL AID COMMISSION Director: Mr Richard Coates Darwin Office 6th Floor 9 - 11 Cavenagh Street DARWIN NT 0800 Locked Bag No 11 DARWIN NT 0801 Telephone: (08) 8999 3000 Facsimile: (08) 8999 3099 Web: http://www.ntlac.nt.gov.au Alice Springs Office 77 Hartley Street ALICE SPRINGS NT 0870 PO Box 969 ALICE SPRINGS NT 0871 Telephone: (08) 8951 5377 Facsimile: (08) 8951 5378 Katherine Office Ground Floor NT Government Centre First Street KATHERINE NT 0850 PO Box 145 KATHERINE NT 0851 Telephone: (08) 8973 8704 Facsimile: (08) 8973 8551 271 ABORIGINAL LEGAL AID SERVICES CENTRAL AUSTRALIAN ABORIGINAL LEGAL AID SERVICE INC Alice Springs Principal Legal Officer: Senior Legal Officers: Criminal: Civil: Mr. David Bamber Mr Domenic Conidi Ms Berenice Wearne 55 Bath Street ALICE SPRINGS NT 0870 PO Box 1670 ALICE SPRINGS NT 0871 Telephone: (08) 8952 2933 Facsimile: (08) 8953 0784 Tennant Creek 65 Paterson Street TENNANT CREEK NT 0860 PO Box 56 TENNANT CREEK NT 0861 Telephone: (08) 8962 1332 Facsimile: (08) 8962 2507 KATHERINE REGIONAL ABORIGINAL LEGAL AID SERVICE INC Solicitor in charge: Mr Michael Robinson 32 Katherine Terrace KATHERINE NT 0850 PO Box 1944 KATHERINE NT 0851 Telephone: (08) 8972 1133 Facsimile: (08) 8971 0381 email: michael.robinson@kralas.com.au 272 Aboriginal Legal Aid Services (cont) MIWATJ ABORIGINAL LEGAL SERVICE Director and Solicitor in Charge Mr Selwyn Hausman Franklyn Street NHULUNBUY NT 0880 (above the newsagency) PO Box 120 NHULUNBUY NT 0881 Telephone: (08) 8987 1300 Facsimile: (08) 8987 1344 email: miwatjlegal@octa4.net.au NORTH AUSTRALIAN ABORIGINAL LEGAL AID SERVICE INC Director and Solicitor in Charge Ms Veronica McClintic Senior Legal Officers Criminal: Mr Michael Jones Civil: Mr John Duguid 1 Gardiner Street DARWIN NT 0800 GPO Box 1064 DARWIN NT 0801 Telephone: (08) 8982 5100 After hours: 0410 633 261 Facsimile: (08) 8981 2393 email: legalservices@naalas.org.au 273 DARWIN COMMUNITY LEGAL SERVICE 8 Manton Street DARWIN NT 0800 GPO Box 3180 DARWIN NT 0801 Telephone: (08) 8982 1111 Facsimile: (08) 8982 1112 email: info@dcls.org.au TTY (08) 8982 1177 Darwin Community Legal Service is an independent legal centre which provides free legal advice, advocacy and referral., community education, training and involvement in law reform. Coordinator/Principal Solicitor: Solicitors: Administrator: Volunteer Coordinator: Cassandra Goldie Catherine Cartuana Micheline Lee Carole Wallbank Sam Schuman Advice Sessions Palmerston Palmerston Library Cnr Chung Wah Terrace and University Avenue PALMERSTON Every Monday from 6.30 pm – 7.30 pm Casuarina Casuarina Library Bradshaw Terrace CASUARINA Every Saturday from 10.00 am – 11.45 am Darwin Darwin Community Legal Service Cnr McMinn and Manton Streets DARWIN Every Thursday from 5.30 pm – 6.30 pm 274 DCLS gives free legal advice about: . . . . . . . . . . Family Law – unless urgent Tenancy Centrelink Consumer problems Debt Compensation Employment Crime Discrimination Domestic Violence DCLS does not give free legal advice about: . . . . Urgent Family Law matters Criminal law matters needing representation Sale of property – conveyancing Probate and wills Welfare Rights Service Assists people who are having problems with the Department of Social Security. Our Welfare Rights Advocate can help with appeals against Centrelink decisions and represent you before bodies such as the Social Security Appeals Tribunal. Welfare Rights Solicitor: Welfare Rights Advocate: Micheline Lee Joan Cruise Aged & Disability Rights Team (A&DRT) Aged Care Rights Team provides information, support and representation about residential aged care rights. The Team members can advocate for people living in (or eligible for) residential aged care facilities or community aged care packages, and their carers/representatives. A&DRT Coordinators: A&DRT Advocates: Lisa Patamisi/Deb Hall (Acting) Marilyn Inglesi Mark Ambrose Disability Discrimination Team can give advice and represent people who have been discriminated against because of a disability. The Advocates can also support people who want advice and support to deal with any rights issue associated with their disability. Disability Discrimination Solicitor: Disability Discrimination Advocate: 275 Micheline Lee Wendy Morton DOMESTIC VIOLENCE LEGAL HELP (A free legal service which advises people of their legal rights if they are being subjected to domestic violence. The solicitors can also act in Court for people wishing to make an application for a restraining order.) Solicitors: Ms Vanessa Lee Ms Sally Pfitzner Ms Maria Savvas Ms Vanessa Farmer Articled Clerk Ms Deborah Hepburn Main Office: Withnall Maley & Co 18 Harry Chan Avenue DARWIN NT 0800 GPO Box 1658 DARWIN NT 0801 Drop in hours: 9.30 am – 12 noon Monday & Thursday For appointments Telephone: (08) 8941 7940/8941 7940 Facsimile: (08) 8941 3773/8981 1137 TOP END WOMEN’S LEGAL SERVICE Co-Ordinator/Solicitor Ms Kate Halliday 8 Manton Street DARWIN NT 0800 GPO Box 1901 DARWIN NT 0801 Telephone: (08) 8941 9989 Facsimile: (08) 8941 9935 CENTRAL AUSTRALIAN WOMEN’S LEGAL SERVICE INC Solicitor: Ms Michelle Stevens 15 Leichhardt Terrace ALICE SPRINGS NT 0870 GPO Box 3496 ALICE SPRINGS NT 0871 Telephone: (08) 8952 4055 Facsimile (08)8952 4033 email: cawls@octa4.net.au 276 DOMESTIC VIOLENCE LEGAL SERVICE Solicitor: Paralegal: Ms Traci Keys Ms Bronwyn Crabbe For advice and appointments 15 Leichhardt Terrace ALICE SPRINGS NT 0870 GPO Box 3496 ALICE SPRINGS NT 0871 Telephone: (08) 8952 1391 Facsimile: (08) 8952 4033 KATHERINE COMMUNITY LEGAL SERVICES KATHERINE WOMEN’S INFORMATION AND LEGAL SERVICE INC. Co-Ordinator/Solicitor: Ms Helen Turner 22 Second Street KATHERINE NT 0850 PO Box 1194 KATHERINE NT 0851 Telephone: (08) 8972 1712 Facsimile: (08) 8972 1572 Tollfree: 1800 620 108 email: kwils@nt-tech.com.au ENVIRONMENTAL DEFENDERS OFFICE (NT) Principal: Mr Tim Prichard 8 Manton Street DARWIN NT 0800 GPO Box 3180 DARWIN NT 0801 Telephone: (08) 8941 9952 Facsimile: (08) 8941 3773 email: edont@topend.com.au 277 LAND COUNCILS CENTRAL LAND COUNCIL Director: Chairman: Mr D Ross Mr Max Stuart Legal Services Division Principal Legal Officer: Mr David Avery Senior Legal Officer: Mr Michael Prowse Legal Officers: Ms Vicki Gillick Mr John Kelly Ms Vanessa Lethlean Telephone: (08) 8951 6238 Facsimile: (08) 8953 7030 Native Title Unit Principal Legal Officer: Mr Greg Borchers Senior Legal Officer: Legal Officer: Mr Austin Sweeney Ms Emma Robertson Telephone: (08) 8951 6350 Facsimile: (08) 8953 4945 33 Stuart Highway ALICE SPRINGS NT 0870 PO Box 3321 ALICE SPRINGS NT 0871 278 NORTHERN LAND COUNCIL Chief Executive Officer: Principal Legal Officer: Mr Norman Fry : Legal Officers: Mr Ron Levy Ms Penny Creswell Mr Bob Gosford Mr Greg Carter Mr Sailesh Rai Mr Philip van den Eyk 9 Rowling Street CASUARINA NT 0810 PO Box 42921 CASUARINA NT 0811 Telephone: (08) 8920 5100 Facsimile: (08) 8920 5251 email: general_mail@nlc.org.au PITJANTJATJARA COUNCIL Chairman Mr Gary Lewis Principal Legal Officer: Mr Mark Ascione Legal Officers : Ms Ruth Morley Mr Derek Schild Mr Philip Hope 3 Wilkinson Street ALICE SPRINGS NT 0870 PO Box 2189 ALICE SPRINGS NT 0871 Telephone: (08) 8950 5418 Facsimile: (08) 8952 3261 279 NORTHERN TERRITORY BARRISTERS’ CHAMBERS Cassells Mr Brian Cassells Unit 3, 39 McMinn Street DARWIN NT 0800 GPO Box 3393 DARWIN NT 0801 Telephone: (08) 8941 9278 Mobile telephone 0417 841 607 Facsimile: (08) 8941 9283 email: brianc@octa4.net.au Darwin Chambers 3rd Floor, CML Building 59 Smith Street DARWIN NT 0800 GPO Box 2276 DARWIN NT 0801 Telephone: (08) 8942 0475 Facsimile: (08) 8942 0628 Mobile phone: 0419 001 945 email: markhunter@ozemail.com.au Barristers Mr Mark Hunter Edmund Barton Chambers Ground Floor National Mutual Centre 9-11 Cavanagh Street DARWIN NT 0800 GPO Box 3650 DARWIN NT 0801 Telephone: (08) 8941 3070 Facsimile: (08) 8941 9978 Barristers Mr John (Jack) Lewis Mr Peter Elliott Mr Martin Carter Mr Phillip Cantrill 280 Northern Territory Barristers Chambers (Cont) James Muirhead Chambers Unit 2, 78 The Esplanade DARWIN NT 0800 GPO Box 568 DARWIN NT 0801 Telephone: (08) 8981 6833 Facsimile: (08) 8981 6837 email: jamemuir@ozemail.com.au Document exchange Supreme Court Barristers: Mr John Waters QC Mr Stephen Southwood QC Mr Jon Tippett Mr John B Lawrence Ms Jenny Blokland John Toohey Chambers 3/18 Knuckey Street DARWIN NT 0800 GPO Box 3348 DARWIN NT 0801 Barristers: Mr Patrick McIntyre Telephone: (08) 8941 3373 Facsimile: (08) 8941 7302 Mobile telephone: 0417 805 956 email: patmcintyre@bigpond.com Mr Michael O’Donnell Telephone: (08) 8941 4580 Facsimile: (08) 8941 4581 Mobile telephone: 0417 082 720 email: modon@bigpond.com.au 281 Northern Territory Barristers Chambers (Cont) Law Chambers Ground Floor National Mutual Centre 9-11 Cavanagh Street DARWIN NT 0800 GPO Box 292 DARWIN NT 0801 Telephone: (08) 8941 7434 Facsimile: (08) 8941 7454 Mobile telephone: 0417 110 005 email: lawchambers@octa4.net.au Barristers McCormack Mr John Dearn Mr John McCormack 1st Floor, 67 Smith Street DARWIN NT 0800 GPO Box 1835 DARWIN NT 0801 Telephone: Facsimile: (08) 8941 0067 (08) 8941 0067 Mobile phone:0414 323 479 email: johnmak@taunet.com.au William Forster Chambers 2nd Floor Qantas Building 16 Bennett Street DARWIN NT 0800 GPO Box 4369 DARWIN NT 0801 Telephone : (08) 8981 8322 Facsimile : (08) 8941 1541 email: wforster@ozemail.com.au web: www.ntbarristers.com.au Document exchange Family/Federal Court 282 Northern Territory Barristers Chambers (Cont) Barristers: Mr Colin McDonald QC Mr John Reeves QC Ms Sally Gearin Mr Peter Barr Mr Anthony Young Mr David Alderman Mr Lex Silvester Ms Judith Kelly Mr Richard Bruxner Mr Ben O’Loughlin Mr Michael Grant Ms Raelene Webb Dr Ned Aughterson Mr Peter McNab Visiting Counsel: Mr Alistair Wyvill Mr Graham Hiley QC Mr Gavan Griffith QC 283 LIST OF SOLICITORS FIRMS, GOVERNMENT AGENCIES, LEGAL AID SERVICES AND SOLE PRACTITIONERS IN THE NORTHERN TERRITORY ALICE SPRINGS BUDRIKIS & McNAMARA 12 Railway Terrace Alice Springs 0870 PO Box 4546 Alice Springs 0871 Telephone (08) 8953 2242 Facsimile (08) 8953 2159 email: k.budrikis@bigpond.com Document exchange: Alice Springs courthouse CARNEYS 1st Floor, 8 Gregory Terrace Alice Springs 0870 PO Box 8402 Alice Springs 0871 Telephone (08) 8952 4200 Facsimile (08) 8952 4267 email: carneys@dove.net.au Document exchange Alice Springs courthouse CAROLINE SCICLUNA & ASSOCIATES Suite 70, Mezzanine Floor, Alice Plaza, Todd Mall Alice Springs 0870 PO Box 8426 Alice Springs 0871 Telephone (08) 8952 9522 Facsimile (08) 8952 9533 Document exchange Alice Springs courthouse CENTRAL AUSTRALIAN ABORIGINAL LEGAL AID SERVICE INC. 55 Bath Street Alice Springs 0870 PO Box 1670 Alice Springs 0871 Telephone (08) 8952 2933 Facsimile (08) 8953 0784 CENTRAL AUSTRALIAN WOMENS LEGAL SERVICE INC. 15 Leichhardt Terrace Alice Springs 0870 GPO Box 3496 Alice Springs 0871 Telephone (08) 8952 4055 Facsimile (08) 8952 4033 CHRIS TURNER 2nd Floor, 15 Leichhardt Terrace Alice Springs 0870 PO Box 2360 Alice Springs 0871 Telephone: (08) 8953 5635 Facsimile: (08) 8953 5534 Mobile phone: 0419 842 984 email: cwt@dove.com.au COLLIER & DEANE Centrepoint Cnr Hartley Street & Gregory Terrace Alice Springs 0870 PO Box 8245 Alice Springs 0871 Telephone (08) 8952 5265 Facsimile (08) 8953 0876 email: aslaw@ozemail.com.au Document exchange Alice Springs courthouse DITTON BUDRIKIS & McNAMARA (See Budrikis & McNamara) HAVELOCK , Anabelle Buenavista 12 Gardenia Court, Alice Springs 0870 PO Box 3637 Alice Springs 0871 Telephone (08) 8953 0380 Facsimile (08) 8953 0513 email: aned@topend.com.au 284 Northern Territory Solicitors (Cont) HOWARD, Peter PO Box 3088 Alice Springs 0871 PO Box 162 Watervale SA Telephone (08) 8843 0155 Facsimile (08) 8843 0155 McBRIDE, John Winnecke Chambers, 3 Winnecke Avenue, Alice Springs 0870 Telephone: (08) 8952 4242 Facsimile: (08) 8952 4150 Mobile phone 0419 815 975 email: johnmcbride@octa4.com.au McBRIDE & STIRK (See Povey Stirk and McBride, John) MARK HEITMANN Lot 5447 Heenan Road Alice Springs 0870 PO Box 9223 Alice Springs 0871 Telephone/Facsimile (08) 8952 4394 Mobile phone 0417 871 906 MARTIN & PARTNERS 5 Parsons Street Alice Springs 0870; PO Box 88 Alice Springs 0871 Telephone (08) 8952 1211 Facsimile (08) 8953 0258: email: lawalice@ozemail.com.au MORGAN BUCKLEY 1st and 2nd Floors, 17 Hartley Street Alice Springs; 0870 PO Box 3870 Alice Springs 0871 Telephone (08) 8952 6755 Facsimile (08) 8953 0062 email: alice@morganbuckley.com.au After hours: 0418 897 534 NORTHERN TERRITORY LEGAL AID COMMISSION 77 Hartley Street Alice Springs 0870 PO Box 969 Alice Springs 0871 Telephone (08) 8951 5377 Facsimile (08) 8951 5378 Document exchange Alice Springs courthouse OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS (Northern Territory) 1st Floor, Centrepoint Building, Hartley Street, Alice Springs 0870 PO Box 2185 Alice Springs 0871 Telephone: (08) 8951 5800 Facsimile: (08) 8951 5812 Document exchange Alice Springs courthouse POVEY STIRK (formerly Poveys and McBride & Stirk) 1st Floor, 8 Gregory Terrace Alice Springs 0870; PO Box 3621 Alice Springs 0871 Telephone (08) 8952 6400 Facsimile (08) 8952 9379 email: peer@poveystirk.com.au Document exchange Alice Springs courthouse POVEYS (See Povey Stirk) PRESTON, Murray J L 5 Cromwell Drive Alice Springs 0870 Facsimile (08) 8952 4802 Telephone (08) 8952 4410 TURNER & DEANE (See Chris Turner and Collier & Deane) 285 Northern Territory Solicitors (Cont) CASUARINA DARWIN COMMUNITY LEGAL SERVICE (Advice Sessions) Casuarina Library Meeting Room Casuarina Darwin office Telephone: (08) 8982 1111 Telephone typewriter service (08) 8982 1177Facsimile (08) 8982 1112 Freecall: 1800 812 953 email: info@dcls.org.au CULLEN BAY JAMES, Geoff Suite 23 “The Slipway” 48 Marina Boulevard, Cullen Bay 0800 PO Box 3150 Darwin 0801 Telephone: (08) 8941 7282 Facsimile (08) 8941 7157 email: geoffjames@ozemail.com.au DARWIN ANDREWS, George Colin GPO Box 3736 Darwin 0801 Telephone (08) 8945 1326 Facsimile (08) 8945 7536 Mobile phone: 0408 898051 AUSTRALIAN GOVERNMENT SOLICITOR 9th Floor, National Mutual Centre 11 Cavenagh Street Darwin 0800 GPO Box 4700 Darwin 0801 Telephone (08) 8943 1444 Facsimile (08) 8943 1420 Document exchange Supreme Court BERKLEY, Thomas Cavenagh Chambers, 38/21 Cavenagh Street Darwin 0800 GPO Box 4435 Darwin 0801 Telephone (08) 8941 7444 Facsimile (08) 8941 7474 Mobile phone: 04161 04780 email: berkley@topend.com.au Document exchange Supreme Court BLACK, Cecil RCG Centre, 47 Mitchell Street Darwin 0800 GPO Box 3485 Darwin 0801 Telephone (08) 8981 0988 Facsimile (08 )89 81 0977 Mobile phone: 0414 898 836 email: cecil.black@cecilblack.com.au Document exchange Family/Federal Court CLAYTON UTZ 17-19 Lindsay Street Darwin 0800 GPO Box 612 Darwin 0801 Telephone (08) 8943 2555 Facsimile (08) 8943 2500 Document exchange Supreme Court and Family/Federal Court CLOSE, Vincent Michael Unit 27, Metro Building, 21 Cavenagh Street Darwin 0800 GPO Box 3960 Darwin 0801 Telephone (08 ) 8981 7588Facsimile (08) 8981 3620 Document exchange Supreme Court and Family/Federal Court email: closecarter@octa4.net.au 286 Northern Territory Solicitors (Cont) COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS 9th Floor, National Mutual Centre 11 Cavenagh Street Darwin 0800 GPO Box 3345 Darwin 0801 Telephone (08) 8980 8700 Facsimile (08) 8980 8777 Document exchange Supreme Court COONEY, Brian S Level 2, Paspaley Pearls Building 19 Smith Street Mall Darwin 0800 GPO Box 2269 Darwin 0801 Telephone (08) 8981 3291 Facsimile (08) 8981 2045 email: Paspaley Pearls Group communications to bcooney@paspaley.com.au. All other communications to briansc@bigpond.com CRANE, Anthony 1st Floor, TIO Building, Frances Mall Palmerston 0830 PO Box 446 Palmerston; 0831 Telephone (08) 8932 1999 Mobile telephone 0419 857 452; Facsimile (08) 8932 4448 email: tcrane@ozemail.com.au Document exchange Supreme Court CRANE, Richard A 55 Curlew Circuit Wulagi 0812 Telephone (08) 8945 3252 Facsimile: (08) 8945 5952 Mobile telephone: 0409 266 364 email: rcrane@iattglobal.net CRIDLANDS 61 Smith Street Darwin; 0800 GPO Box 1302 Darwin 0801Telephone (08) 8943 0400; Facsimile (08) 8981 7020 email: ntlawyers@cridlands.com.au Document exchange Supreme Court and Family/Federal Court Adelaide Office – Level 2, 60 Waymouth Street, Adelaide SA 5000 Telephone (08) 8211 6011 Facsimile (08) 8211 6022 email: alan.lindsay@cridlands.com.au DALRYMPLE & ASSOCIATES Cavanagh Chambers, 38/21 Cavenagh Street, Darwin 0800 GPO Box 4570 Darwin 0801 Telephone: (08) 8941 8995 Facsimile (08) 8941 8996 email: dalrymple@octa4.net.au Document exchange Supreme Court DARWIN COMMUNITY LEGAL SERVICE 8 Manton Street Darwin 0800 GPO Box 3180 Darwin 0801 Telephone: (08) 8982 1111 TTY (08) 8982 1177 Facsimile: (08) 8982 1112 email info@dcls.org.au DAVID FRANCIS & ASSOCIATES 1st Floor, 67 Smith Street, Darwin 0800 GPO Box 3644 Darwin 0801 Telephone (08) 8941 0217 Facsimile (08) 8981 1299 email: deflaw@topend.com.au Document exchange Supreme Court and Family/Federal Court DENNIS NORMAN & ASSOCIATES (See Davis Norman Palmerston) 287 Northern Territory Solicitors (Cont) DE SILVA HEBRON 47 Knuckey Street Darwin 0800 GPO Box 488 Darwin 0801Telephone (08) 8941 2544 Facsimile (08) 8981 7989 email: contact@desilvahebron.com Document exchange Supreme Court and Family/Federal Court DAVIS NORMAN PALMERSTON Suite 10B, Ground Floor, Goyder Centre, Palmerston Circuit, Palmerston 0830 PO Box 2321 Palmerston 0831 Telephone (08) 8932 7733 Facsimile (08) 8932 7722 Document exchange Supreme Court and Family/Federal Court email: goyder@octa4.net.au ELLIOTT, Diana Suite 13, 9 Fannie Bay Place, Fannie Bay NT 0820 GPO Box 3397 Darwin 0801 Telephone (08) 8941 7944 Facsimile (08) 8981 7933 Mobile telephone 0412 890 285 email: dima@octa4.net.au Document exchange Family/Federal Court ELSTON & GILCHRIST (see Hunt & Hunt) EWENS, Paul 15 Coolibah Street Nightcliff 0810 Telephone (08) 8985 1140 HALFPENNYS Beagle House 38 Mitchell Street Darwin 0800 GPO Box 3344 Darwin 0801 Telephone (08) 8981 1033 Facsimile (08) 8981 1968 email: halfpennys@halfpennys.com.au Document exchange Supreme Court and Family/Federal Court HUNT & HUNT (formerly Elston & Gilchrist and incorporating Waters James McCormack and David De L Winter) 1st Floor Carpentaria House 13 Cavenagh Street Darwin 0800 GPO Box 3645 Darwin 0801 Telephone (08) 8981 3133 Facsimile (08) 8941 0012 email : contact@huntnt.com.au Document exchange Supreme Court and Family/Federal Court JAMES, Geoff Suite 23 “The Slipway” 48 Marina Boulevard, Cullen Bay 0800 GPO Box 3150 Darwin 0801 Telephone: (08) 8941 7282 Facsimile (08) 8941 7157 email: agjames@ozemail.com.au JOBSON, Rob 44 Kailis Street Wanguri 0810 GPO Box 4672 Darwin 0801 Telephone (08) 8945 3848 Facsimile (08) 8927 9717 Mobile phone 0417 851942 email: robjobson@ozemail.com.au Document exchange Supreme Court JOHNS, Brian L 21/21 Cavenagh Street Darwin 0800 GPO Box 2773 Darwin 0801 Telephone (08) 8941 0166 Facsimile (08) 8942 3245 email: brianjohns@octa4.net.au Document exchange Family/Federal Court 288 Northern Territory Solicitors (Cont) LAWFORD, Ron 28 Sanders Street, Jingili 0810 PO Box 40662 Casuarina 0811 Telephone: (08) 8948 3766 Facsimile: (08) 8948 1377 LITTLE, Melanie J St Hilary Chambers, 2nd Floor, Carpentaria House, 13 Cavenagh Street Darwin 0800 GPO Box 2537 Darwin 0801 Telephone: (08) 8941 5655 Facsimile: (08) 8941 5644 email: sthilary@octa4.net.au Document exchange Supreme Court McCORMACK, John 1st Floor, 67 Smith Street (rear entrance) Darwin 0800 GPO Box 1835 Darwin 0801 Telephone: (08) 8941 0067 Facsimile (08) 8941 0067 email: johnmak@taunet.com.au McLAREN, Asha Suite 6, 2nd Floor, Carpentaria House, Cavenagh Street Darwin 0800 GPO Box 4157 Darwin 0801 Telephone (08) 8941 9101 Facsimile 8941 9110 McQUEENS 1st Floor, Cavenagh Centre, 43 Cavenagh Street Darwin; 0800 GPO Box 1867 Darwin 0801Telephone (08) 8981 9396 Facsimile (08) 8941 3431 email: mcqlegal@ozemail.com.au Document exchange Supreme Court and Family/Federal Court MAHER, Paul Level 3, RCG Centre, 47 Mitchell Street Darwin 0800 GPO Box 3478 Darwin 0801 Telephone (08) 8941 4754 Facsimile (08) 8941 4753 email: paulmaher@bigpond.com Document exchange: Supreme Court MINAHAN, R J Unit 17, Coolalinga Village, Stuart Highway GPO Box 4772 Darwin 0801 Telephone: (08) 8983 3118 Facsimile (08) 8983 3119 Document exchange Supreme Court MORGAN BUCKLEY 46 Smith Street Darwin; 0800 GPO Box 4571 Darwin; 0801 Telephone (08) 89411009 Facsimile (08) 8981 9781 Document exchange Supreme Court and Family/Federal Court email: darwin@morganbuckley.com.au NOONANS LAWYERS 3rd Floor, Paspaley Pearls Building, 19 The Mall Darwin; 0800 GPO Box 2799 Darwin; 0801 Telephone (08) 8982 4400 Facsimile (08) 8982 4401 Document exchange Supreme Court NORTH AUSTRALIAN ABORIGINAL LEGAL AID SERVICE INC. 1 Gardiner Street Darwin 0800 GPO Box 1064 Darwin 0801 Telephone (08) 8982 5100 After Hours 0410 633 261 Facsimile (08) 8981 2393 email: legalservices@naalas.org.au Document exchange Supreme Court and Family/Federal Court 289 Northern Territory Solicitors (Cont) NORTHERN TERRITORY LEGAL AID COMMISSION 6th Floor, 9-11 Cavenagh Street Darwin 0800 Locked Bag No 11 Darwin 0801 Telephone (08) 8999 3000 Facsimile (08) 8999 3099 Document exchange Supreme Court and Family/Federal Court OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS (Commonwealth) 9th Floor, National Mutual Centre 11 Cavenagh Street Darwin 0800 GPO Box 4700 Darwin 0801 Telephone (08) 8943 1444 Facsimile (08) 8943 1420 Document exchange Supreme Court OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS (NT) Level 1 Tourism House 43 Mitchell Street Darwin 0800 GPO Box 3321 Darwin 0801 Telephone (08) 8999 7533 Facsimile (08) 8999 7821 Document exchange Supreme Court ORWIN, M C & Associates 9th Floor, AANT Building, 79-81 Smith Street, Darwin 0800 GPO Box 4282 Darwin 0801 Telephone: (08) 8941 8968 Facsimile: (08) 8941 8975 Document Exchange Family/Federal Court PARISHS 6 Aralia Street Nightcliff 0810 GPO Box 4125 Darwin 0801 Telephone (08) 8948 1155 Facsimile (08) 89 48 1900 email: kparish@lbigpond.com Document exchange Supreme Court PAUL WALSH & ASSOCIATESl 35 Cunjevoi Crescent, Nightcliff 0810 PO Box 634 Nightcliff 0814 Telephone (08) 8985 5878 Mobile phone 0418 859 868 Facsimile (08) 8985 3143 email: pwalsh@octa4.net.au PIPER, Bill Suite 1, 1st Floor, 8 Manton Street Darwin 0800 GPO Box 2717 Darwin 0801 Telephone: (08) 8981 4114 Facsimile: (08) 8981 3113 email: billpiper@bigpond.com.au PRIESTLEYS First floor, 21 Cavenagh Street Darwin 0800 GPO Box 2352 Darwin 0801 Telephone (08) 8941 5957 Facsimile (08) 8941 5962 email: bill@octa4.net.au Document exchange Supreme Court PURCELL LANCOINE CURETON Suite G19, Level 1, Centrepoint, 48-50 The Mall, Darwin 0800 Telephone: (08) 8981 7273 Facsimile: (08) 8981 3064 email: scc@pl.com.au SEAN BOWDEN & ASSOCIATES Suite 3, 68 Cavenagh Street, Darwin 0800 GPO Box 2644 Darwin 0801 Telephone (08) 8941 6355 Facsimile (08) 8941 6366 290 Northern Territory Solicitors (Cont) SIVYER & ASSOCIATES Shop 16, Star Village Arcade, 31-32 Smith Street Mall Darwin 0800 GPO Box 2288 Darwin; 0801 Telephone (08) 8941 3899 Facsimile (08) 8941 3738 email: sivyers@topend.com.au Document exchange Family/Federal Court SOLICITOR FOR THE NORTHERN TERRITORY 45 Mitchell Street Darwin 0800 GPO Box 1722 Darwin 0801 Telephone (08) 8999 6047 Facsimile (08) 8941 0045 Document exchange Supreme Court SPAMER, LAWYER Suite 3, Level 1, 40 Parap Road, Parap 0820 GPO Box 306 Darwin 0801 Mobile phone: 0414 967 984 Telephone (08) 8981 7383 Facsimile (08) 8941 6774 email: kobiespamer@accessnt.com.au SPAZZAPAN, Markus 2nd Floor, 19 The Mall Darwin 0800: GPO Box 3895 Darwin 0801 Telephone: (08) 8981 1994 Facsimile: (08) 8981 4133 email: dima@octa4.net.au Document exchange Supreme Court TERRILL & ASSOCIATES Suites 25 & 26, Cavenagh City Centre 24 Cavenagh Street Darwin 0800 GPO Box 2224 Darwin 0801 Telephone (08) 8941 2240 Facsimile (08) 8941 2261 email: terrill@ozemail.com.au Document exchange Family/Federal Court TERRY, Janet 3rd Floor, AANT House, 79-81 Smith Street Darwin 0800 GPO Box 4807 Darwin 0801 Telephone (08) 8941 5622 Facsimile (08) 8941 5911 email: jterrylaw@bigpond.com T S LEE & ASSOCIATES 1/78 Woods Street Darwin; 0800 GPO Box 2658 Darwin 0801 Telephone (08) 8941 2014 Facsimile (08) 8941 2016.Mobile: 0412 236 549 email: tslee@octa4.net.au Document exchange Supreme Court WALTERS, Dylan 5/78 Woods Street Darwin 0800 GPO Box 1424 Darwin; 0801Telephone (08) 8981 3062 Facsimile (08) 8981 0343 email: ddwlaw@ozemail.com.au WARD KELLER 7th Floor Northern Territory House 22 Mitchell Street Darwin 0800 GPO Box 330 DARWIN; 0801 Telephone (08) 8981 2971 Facsimile (08) 8981 1253 email: wardkeller@wardkeller.com.au Document exchange Supreme Court and Family/Federal Court WATERS JAMES McCORMACK (See Hunt & Hunt) 291 Northern Territory Solicitors (Cont) WINTER, David De L (See Hunt & Hunt) WITHNALL MALEY & CO 18 Harry Chan Avenue Darwin GPO Box 1658 Darwin; Telephone (08) 8941 1896 Facsimile (08) 8981 2621 email: territory.lawyers@bigpond.com.au Document exchange Supreme Court FANNIE BAY “Law firms list, Fannie Bay” ELLIOTT, Diana Suite 13, 9 Fannie Bay Place, Fannie Bay NT 0820 GPO Box 3397 Darwin 0801 Telephone (08) 8941 7944 Facsimile (08) 8981 7933 Mobile telephone 0412 890 285 email: dima@octa4.net.au Document exchange Family/Federal Court JINGILI LAWFORD, Ron 28 Sanders Street, Jingili 0810 PO Box 40662 Casuarina 0811 Telephone: (08) 8948 3766 Facsimile: (08) 8948 1377 KATHERINE COLE, Graham Pandanus Plaza 12/25 First Street Katherine 0850 PO 619 Katherine 0851 Telephone (08) 8972 1066 Facsimile (08) 8971 0480 email gcole@colelegal.com.au KATHERINE REGIONAL ABORIGINAL LEGAL AID SERVICE INC 32 Katherine Terrace Katherine NT 0850 PO Box 1944 Katherine 0851 Telephone (08) 8972 1133 Facsimile (08) 8971 0381 email: kralas@nt.tech-com.au KATHERINE WOMEN’S INFORMATION AND LEGAL SERVICE INC. Shop 1, 6 Kintore Street Katherine 0850 PO Box 1194 Katherine 0851 Telephone: (08) 8972 1712 Facsimile (08) 8972 1572 Tollfree 1800 620 108 email: kwils@nt-tech.com.au NORTHERN TERRITORY LEGAL AID COMMISSION Ground Floor, NT Government Centre First Street Katherine 0850 PO Box 145 Katherine 0851 Telephone 8973 8704 Facsimile (08) 8973 8551 292 Northern Territory Solicitors (Cont) WHELAN, M & Associates Unit 4 Riverbank Office Village O'Shea Terrace Katherine 0850 PO Box 53 Katherine 0851 Telephone (08) 8971 0636 Facsimile (08) 8971 0296 MANINGRIDA DIKSTEIN, Judy M Maningrida, Via Darwin GPO Box 4126 Darwin 0801 Telephone: (08) 8979 5988 Facsimile (08) 8979 5994 NHULUNBUY MIWATJ ABORIGINAL LEGAL SERVICE Franklyn Street, Nhulunbuy 0880 PO Box 120 Nhulunbuy 0881 Telephone (08) 8987 1300 Facsimile (08) 8987 1344 email: miwatjlegal@octa4.net.au NIGHTCLIFF EWENS, Paul 15 Coolibah Street Nightcliff 0810 Telephone (08) 8985 1140 PARISHS 6 Aralia Street, Nightcliff 0810 GPO Box 4125 Darwin 0801 Telephone (08) 8948 1155 Facsimile (08) 89 48 1900 email: kparish@bigpond.com Document exchange Supreme Court PAUL WALSH & ASSOCIATES 35 Cunjevoi Crescent Nightcliff 0810 PO Box 634 Nightcliff 0814 Telephone (08) 8985 5878 Mobile phone 0418 859 868 Facsimile (08) 8985 3143 email: pwalsh@octa4.net.au PALMERSTON CRANE, Anthony 1st Floor, TIO Building, Frances Mall Palmerston 0830 PO Box 446 Palmerston; 0831 Telephone (08) 8932 1999 Mobile telephone 015 189508; Facsimile (08) 8932 4448 Document exchange Supreme Court 293 Northern Territory Solicitors (Cont) DARWIN COMMUNITY LEGAL SERVICE (Advice sessions) 1st Floor, Civic Plaza, Cnr University Avenue & Chung Wah Terrace, Palmerston Darwin office Telephone (08) 8982 1111 Telephone typewriter service (08) 8982 1177 Facsimile (08) 8982 1112 Freecall: 1800 812 953 email: info@dcls.org.au DENNIS NORMAN & ASSOCIATES (See Davis Norman Palmerston) DAVIS NORMAN PALMERSTON Suite 10B, Ground Floor, Goyder Centre, Palmerston Circuit, Palmerston 0830 PO Box 2321 Palmerston 0831 Telephone (08) 8932 7733 Facsimile (08) 8932 7722 Document exchange Supreme Court and Family/Federal Court email: goyder@octa4.net.au PARAP SPAMER, LAWYER Suite 3, Level 1, 40 Parap Road, Parap 0820 GPO Box 306 Darwin 0801 Mobile phone: 0414 967 984 Telephone: (08) 8941 6774 Facsimile (08) 8941 6774 email: kobiespamer@accessnt.com.au WANGURI JOBSON, Rob 44 Kailis Street Wanguri 0810 GPO Box 4672 Darwin 0801 Mobile phone 0417 851 942 Telephone (08) 8945 3848 email: robjobson@ozemail.com.au Document exchange Supreme Court WULAGI CRANE, Richard 55 Curlew Circuit Wulagi 0812 Telephone (08) 8945 3252 Facsimile: (08) 8945 5952 Mobile telephone: 0409 266 364 email: rcrane@iattglobal.net 294 NORTHERN TERRITORY BAR ASSOCIATION President: Mr John Reeves QC Secretary: Mr Ben O’Loughlin 2nd Floor Qantas Building 16 Bennett Street DARWIN NT 0800 GPO Box 4369 DARWIN NT 0801 Telephone: (08) 8981 8322 Facsimile: (08) 8941 1541 LAW SOCIETY OF THE NORTHERN TERRITORY President: Mr Jon Tippett Vice President: Mr Ian Morris Secretary: Ms Merran Short Treasurer: Ms Eileen Terrill A/Executive Officer: Mr Stewart Brown 11th Floor, NT House 22 Mitchell Street DARWIN NT 0800 GPO Box 2388 DARWIN NT 0801 Telephone: (08) 8981 5104 Facsimile: (08) 8941 1623 email: lawsoc@lawsocnt.asn.au 295 Australian Securities Commission (cont) NORTHERN TERRITORY LAW REFORM COMMITTEE President: The Hon Austin Asche AC QC Executive Officer: Ms Karen Bowley GPO Box 1535 DARWIN NT 0801 Telephone: (08) 8999 6997 Facsimile: (08) 8999 7095 NORTHERN TERRITORY COUNCIL OF LAW REPORTING COMMITTEE INC Chairman The Hon Justice Dean Mildren Secretary Mr James Brohier Telephone: (08) 8943 1444 Facsimile: (08) 8943 1420 email: james.brohier@ags.gov.au Editor-in-Chief Ms Melanie Little Telephone: (08) 8941 5655 Facsimile: (08) 8941 5644 email: sthilary@topend.com.au Treasurer & Public Officer: Ms Julie Davis Telephone: (08) 8981 5104 Facsimile: (08) 8941 1623 email: lawsociety@bigpond.com GPO Box 2388 DARWIN NT 0801 CRIMINAL LAWYERS ASSOCIATION OF THE NORTHERN TERRITORY President: Mr John Lawrence Telephone: (08) 8981 6833 Facsimile: (08) 8981 6837 email: jamemuir@ozemail.com.au Secretary Mr Peter Tiffin Telephone: (08) 8999 7533 Facsimile: (08) 8999 7821 email: ptiffin@ozemail.com.au GPO Box 568 DARWIN NT 0801 296 Australian Securities Commission (cont) LEGAL PRACTITIONERS ADMISSION BOARD Chairman: Secretary: Mr Terence Coulehan Ms Margaret Rischbieth GPO Box 3946 DARWIN NT 0801 Telephone: (08) 8999 6570 (08) 8999 6574 Facsimile: (08) 8999 5446 email: slpab@nt.gov.au LEGAL PRACTITIONERS COMPLAINTS COMMITTEE Chair: Deputy Chair: Members: Ex Officio member Secretary: Vacant Mr John Reeves QC Mr John George Mr Richard Coates Ms Jenny Blokland Mr Peter Brown The Ombudsman Ms Margaret Rischbieth GPO Box 3946 DARWIN NT 0801 Telephone: (08) 8999 6574 Facsimile: (08) 8999 5446 email: margaret.rischbieth@nt.gov.au LEGAL PRACTITIONERS FIDELITY FUND COMMITTEE Chairman: Members: Mr Terence Coulehan Mr Richard Giles Mr Bill Parish GPO Box 3946 DARWIN NT 0801 -+ Telephone: (08) 8999 6570 Facsimile: (08) 8999 6633 or (08) 8999 5446 (Registry) 297 Australian Securities Commission (cont) LEGAL PRACTITIONERS TRUST FUND COMMITTEE Chairman: Members: Mr Terence Coulehan Mr George Cridland Mr Kevin Stephensl GPO Box 3946 DARWIN NT 0801 Telephone: (08) 8999 6570 Facsimile: (08) 8999 6633 or (08) 8999 5446 ((Registry) LAW COUNCIL OF AUSTRALIA President: President-Elect: Treasurer: Executive Member: Executive Member: Immediate Past President: Secretary-General: Ms Anne Trimmer Mr Tony Abbott Mr Ron Heinrich Mr Robert Gotterson QC Mr Steve Southwood Dr Gordon Hughes Mr Peter Levy 19 Torrens Street BRADDON ACT 2612 GPO Box 1989 CANBERRA ACT 2601 Telephone: (02) 6247 3788 Facsimile: (02) 6248 0639 email: mail@lawcouncil.asn.au AUSTRALIAN BAR ASSOCIATION President: Vice President: Hon. Treasurer: Hon. Secretary: Secretariat: Mr David Porter QC Ms Ruth McColl SC Mr David Curtain QC Mr Daniel O’Connor Level 5 Inns of Court 107 North Quay BRISBANE Qld 4000 Telephone: (07) 3236 2477 Facsimile: (07) 3236 1180 email: doconnor@qldbar.asn.au 298 Australian Securities Commission (cont) MOTOR ACCIDENTS (COMPENSATION) APPEALS TRIBUNAL Registrar: Ms Margaret Rischbieth (08) 8999 6574 Facsimile: (08) 8999 5446 email: margaret.rischbieth@nt.gov.au LAND AND VALUATION REVIEW TRIBUNAL Registrar: Ms Margaret Rischbieth (08) 8999 6574 Facsimile: (08) 8999 5446 email: margaret.rischbieth@nt.gov.au ABORIGINAL LAND COMMISSIONER Commissioner: Executive Officer: The Hon Howard William Olney Mr Bob Bird 9 Cavenagh Street DARWIN NT 0800 GPO Box 2289 DARWIN NT 0801 Telephone: (08) 8981 1799 Facsimile: (08) 8981 3465 OFFICE OF THE NORTHERN TERRITORY ANTIDISCRIMINATION COMMISSIONER Commissioner Mr Tom Stodulka 7th Floor National Mutual Centre 9-11 Cavenagh Street DARWIN NT 0800 LMB 22 GPO DARWIN NT 0801 Telephone: (08) 8999 1444 Facsimile: (08) 8981 3812 Freecall: 1800 813846 299 Australian Securities Commission (cont) HEALTH AND COMMUNITY SERVICES COMPLAINTS COMMITTEE (The Health and Community Services Complaints Commission has been set up to give members of the community a means of effectively making a complaint about health services or community services in the Northern Territory. Community services includes services for the aged and people with a disability.) Commissioner Mr Peter Boyce Darwin Office: 12th Floor, 22 Mitchell Street DARWIN NT 0800 GPO Box 1344 DARWIN NT 0801 Telephone: (08) 8999 1969 Facsimile: (08) 8999 1828 email: nt.hcscc.omb@nt.gov.au Alice Springs Office Belvedere House, Cnr Parsons & Bath Streets ALICE SPRINGS NT 0870 PO Box 2388 ALICE SPRINGS NT 0871 Telephone: (08) 8951 5818 Facsimile: (08) 8951 5828 DEVELOPMENT CONSENT AUTHORITY (FORMERLY NORTHERN TERRITORY PLANNING AUTHORITY) Chairman: Secretary: The Hon Fred Finch FIE Aust Ms Margaret Macintyre Ground Floor 38 Cavenagh Street DARWIN NT 0800 GPO Box 1680 DARWIN NT 0801 Telephone: (08) 8999 6044 Facsimile: (08) 8999 6055 300 Australian Securities Commission (cont) NORTHERN TERRITORY TREASURY TERRITORY REVENUE MANAGEMENT (includes Office of the Commissioner of Taxes) General enquiries: General facsimile: (08) 8999 7949/8999 7987 (08) 8999 5577 email: ntrevenue.ntt@nt.gov.au Web: www.nt.gov.au/ntt/revenue 38 Cavenagh Street DARWIN NT 0800 GPO Box 154 DARWIN NT 0801 Commissioner of Taxes & Senior Director Revenue: Mr Andrew Smith Telephone: (08) 8999 7918 Facsimile: (08) 8999 6395 Director, Revenue Collections & Deputy Commissioner of Taxes Mr Murray Hancock Telephone: (08) 8999 6326 Facsimile: (08) 8999 6395 Director, Revenue Development & Assistant Commissioner of Taxes Mr Craig Vukman Telephone: (08) 8999 7935 Facsimile: (08) 8999 6395 THE AUSTRALIAN COMPETITION & CONSUMER COMMISSION Regional Director : Mr Derek Farrell 8th Floor 9-11 Cavenagh Street DARWIN NT 0800 GPO Box 3056 DARWIN NT 0801 Telephone: Facsimile: 301 (08) 8946 9666 (08) 8946 9600 Australian Securities Commission (cont) AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION Regional Office-Northern Territory ASIC is an independent government body that aims to protect the interests of companies, investors and consumers of financial products by: . providing information about companies: . company details, charges over company assets, investment advisers, auditors, liquidators . company fundraising, takeovers and financial statements . licensing of investment advisers, auditors and liquidators . helping business to interpret the law: . information about how the law works . exceptions and modifications to the law . taking action against offenders: . investigate suspected wrongdoing including corporate fraud and excluded persons involving themselves in management of companies . civil and disciplinary action . overseeing consumer protection with regard to Insurance and superannuation industries Regional Commissioner: Mr Anthony Beven Telephone: (08) 8943 0925 Director Operations: Mr David Gomez Telephone: (08) 8943 0909 5th Floor Harbour View Plaza 8 McMinn Street DARWIN NT 0800 GPO Box 9827 DARWIN NT 0801 Telephone: (08) 8943 0900 Facsimile: (08) 8943 0910 (Companies' registration, documents lodgments and compliance enquiries) 5th Floor Harbour View Plaza 8 McMinn Street DARWIN NT 0800 GPO Box 9854 DARWIN NT 0801 Telephone: (08) 8943 0950 Facsimile: (08) 8943 0960 302 Australian Securities Commission (cont) OFFICIAL TRUSTEE IN BANKRUPTCY Official Trustee in Bankruptcy Insolvency & Trustee Service Australia 9-11 Cavenagh Street Darwin NT 0800 GPO Box 3369, Darwin NT 0801 Telephone: (08) 8943 1450 Facsimile: (08) 8943 1455 303 LIST OF PUBLIC NOTARIES IN THE NORTHERN TERRITORY (For appointment as a Public Notary see Practice Direction 2/98 – page 13 this publication.) ALICE SPRINGS Name Workplace HORTON Maxwell Ferris Martin & Partners 5 Parsons Street Alice Springs 0870 Telephone: (08) 8952 1211 Facsimile (08) 8953 0258 email: lawalice@ozemail.com.au SCHROTER Peer Povey Stirk 1st Floor, 8 Gregory Terrace Alice Springs 0870 Telephone: (08) 8952 6400 Facsimile: (08) 8952 9379 email: peer@poveystirk.com.au STIRK (Geoffrey) John Povey Stirk 1st Floor, 8 Gregory Terrace Alice Springs 0870 Telephone: (08) 8952 6400 Facsimile: (08) 8952 9379 email: johns@poveystirk.com.au CULLEN BAY JAMES (Athol) Geoffrey Geoff James Suite 23 “The Slipway” 48 Marina Boulevard Cullen Bay Telephone: (08) 8941 7282 Facsimile: (08) 8941 7283 email: agjames@ozemail.com.au DARWIN BARR Peter Martin William Forster Chambers 16 Bennett Street Darwin 0800 Telephone: (08) 8981 8322 Facsimile: (08) 8941 1541 email: wforster@ozemail.com.au 304 Public Notaries (Cont) Name Workplace BLACK Cecil Albert Cecil Black, Family Lawyer RCG Centre 47 Mitchell Street Darwin 0800 Telephone: (08) 8981 0988 Facsimile: (08) 8981 0977 email: cecilblack@cecilblack.com.au BRADLEY Hugh Burton Chief Magistrate’s Chambers Nichols Place Darwin 0800 Telephone: (08) 8999 7560 Facsimile: (08) 8999 6897 email: hugh.bradley@nt.gov.au CRIDLAND George William Cridlands 61 Smith Street Darwin 0800 Telephone: (08) 8943 0400 Facsimile: (08) 8981 7020 GILES Richard Grant Cridlands 61 Smith Street Darwin 0800 Telephone: (08) 8943 0400 Facsimile: (08) 8981 7020 email: richard.giles@cridlands.com.au JAMES Peter Donald Ward Keller 22 Mitchell Street Darwin 0800 Telephone: (08) 8981 2971 Facsimile: (08) 8981 1253 email: peterjames@wardkeller.com.au LEE Thong Sum TS Lee & Associates 1/78 Woods Street Darwin 0800 Telephone (08) 8941 2014 Facsimile (08) 8941 2016 email: tslee@octa4.net.au MASTERS Danny Charles Cridlands 61 Smith Street Darwin 0800 Telephone: (08) 8943 0400 Facsimile: (08) 8981 7020 email: danny.masters@cridlands.com.au 305 Public Notaries (Cont) Name Workplace MITAROS Nicholas Clayton Utz 17-19 Lindsay Street Darwin 0800 Telephone: (08) 8943 2555 Facsimile: (08) 8943 2500 email: nmitaros@claytonutz.com TIFFIN Peter John Butler Office of the Director of Public Prosecutions Level 1, Tourism House 43 Mitchell Street Darwin 0800 Telephone: (08)8999 7533 Facsimile: (08) 8999 7821 email: petertiffin/DPP@DPP WALKER Peter William Ward Keller 22 Mitchell Street Darwin 0800 Telephone: (08) 8981 2971 Facsimile: (08) 8981 1253 email: peterwalker@wardkeller.com.au KATHERINE TYS Cassandra Lee Michael Whelan & Associates Unit 4, Riverbank Office Village O’Shea Terrace Katherine 0800 Telephone: (08) 8971 0636 Facsimile: (08) 8971 0296 306 LIST OF ACCREDITED MEDIATORS (0rder 48.14(9) of the Supreme Court Rules) (For appointment to this list please write to the Master of the Supreme Court) Name Workplace COLLIER, Nardine LLB, LEADR Spec Acc (Family Law) Collier & Deane Centrepoint Building, 54 Hartley Street ALICE SPRING NT 0870 PO Box 8245, Alice Springs NT 0871 Telephone: (08) 8952 5265 Facsimile: (08) 8953 0876 email: ncollier@bcd@hotmail.com Type of mediation conducted Family , Insurance . Medical . Personal Injury . Product Liability . Professional Liability Tort . Work Health/Workers Compensation Name Workplace De IONNO Dr Maria BA, Dip App Psych Grad Dip Clin Hyp, Dip T MAPS, MMANT Savannah Drive LEANYER NT 0812 PO Box 42526 CASUARINA NT 0811 Telephone: (08) 8945 9989 Facsimile: (08) 8945 2560 Type of mediation conducted Partnerships . Work Health . Personal Injury . Family . Tenancy Name Workplace DIKSTEIN, Judy M LLB, BSW, GDLP, LEADR Maningrida, Via Darwin GPO Box 4126, DARWIN NT 0801 Telephone: (08) 8979 5988 Facsimile (08) 8979 5994 Type of mediation conducted Contracts . Family . Indigenous issues . Land Rights . Partnerships . Relationships . Work issues 307 List Of Accredited Mediators (cont) Name FITZGERALD, Tony LLB B.Comm MMANT LEADR Appointments to : Workplace Co-Ordinator/Senior Mediator Resolve Family Mediation NT 5 Nemarluk Drive, LUDMILLA NT 0820 Telephone: (08) 8985 0040 Facsimile: (08) 8985 0001 email: mediate@topend.com.au Member, Community Living Areas Tribunal: Deputy Chairman, Public Housing Administrative Appeals Tribunal Work Health Authority Panel of Mediators (NT) Member, Lands and Mining Tribunal Panel of Mediators Type of mediation conducted Accounting . Administration . Building . Clubs & Associations . Commercial . Contract Corporate . De Facto Relationships . Employer/employee . Environmental . Family Law . Finance. Industrial . Insurance . Intestacy, wills .Local Government . Native Title , Neighbourhood . Parent/adolescent . Partnerships . Personal injury . Planning & development . Public Sector . Representation Aged/disabled . Separation . Small Claims . Tenancy. Trusts . Unfair dismissal . Victim/offender . Work Health/MACA Workplace disputes including grievance resolution Name FRANKLIN, Dr Anthony BA (Adel ) Dip App Psych (Adel) Dip Clinical Hypnotherapy (SAAH) Dip of Teaching (WPTC), AIMM MAPS, MMANT Workplace Savannah Drive LEANYER NT 0812 PO Box 42526 CASUARINA NT 0811 Telephone: (08) 8945 9989 Facsimile: (08) 8945 2560 Type of mediation conducted Commercial . Employer/employee . Insurance . Intestacy .Local Government Neighbourhood . Parent/adolescent . Partnerships . Personal injury . Relationships Representation . Aged/disabled . Separation . Small Claims . Tenancy. Victim/offender . Wills . Work Health . Workplace Name Workplace KNOX Dianne B.Sc (Hons) Dip of Teaching (Sec) NTU MMANT MAPS 2/25 Lindsay Street DARWIN NT 0800 Telephone: (08) 8941 5350 Facsimile: (08) 8941 2472 Type of mediation conducted Clubs & Associations . Employment . Family . Neighbourhood . Separation Name Workplace 308 List Of Accredited Mediators (cont) LEAHY, Elizabeth LLB, MMANT ACCORD Appointments to : 13 Bayview Street FANNIE BAY NT 0820 Telephone: (08) 8981 9517 after hours (08) 8981 0094 Facsimile: (08) 8981 9517 email: ddrc@intersights.com.au Franchising Code Panel of Mediators (Cth) Aged Care Panel of Mediators (Cth) Work Health Act Panel of Mediators (NT) Lands and Planning Panel of Mediators (NT) Mining Panel of Mediators (NT) Type of mediation conducted Aged and Disabled . Commercial . Compulsory land acquisition . Franchise . Medical complaints . Medical negligence . Personal injury . Tenancy . Unfair dismissal . Victim/offender . Wills and deceased estates . Workplace . Work Health Name Workplace LEE Ian 4052 Campfire Court MARLOWS LAGOON NT 0830 Telephone: (08) 8932 1033 Type of mediation conducted Commercial . Clubs & Associations . Employment . Family . Neighbourhood . Separation Name Workplace MASTERS Danny LLB B Ec MBA LEADR 61 Smith Street DARWIN NT 0800 Telephone: (08) 8943 0400 Facsimile: (08) 8983 1751 email: danny.masters@cridlands.com.au Type of mediation conducted Building & Construction . Clubs & Associations . Commercial . Contracts . Corporate Partnerships . Planning & Development Name Workplace McINTYRE Patrick LEADR John Toohey Chambers 3/18 Knuckey Street DARWIN NT 0800 GPO Box 3348 DARWIN NT 0801 Telephone: (08) 8941 3373 Facsimile: (08) 8941 7302 309 List Of Accredited Mediators (cont) Mobile phone: 0417 805 956 Type of mediation conducted Banking . Commercial . Contract . Copyright . Employment . Environment . Family Finance . Industrial Relations . Insurance . Intellectual property . Local Government Media Name Workplace QUONG, Terry Educational Consultant & Mediator PO Box 41961, CASUARINA NT 0811 Telephone: (08) 8999 3240 Facsimile: (08) 8999 3245 email: terry.quong@nt.gov.au Type of mediation conducted Indigenous issues . Workplace Relations including Contract and Harassment Name Workplace REEVES, John QC William Forster Chambers, 16 Bennett Street GPO Box 4369 DARWIN NT 0801 Telephone: (08) 8981 8322 Facsimile: (08) 8941 1541 email: jreeves@ozemail.com.au: DX130 Type of mediation conducted Accounting . Administration . Building . Clubs and Associations . Commercial . Contract . Corporate . Defacto Relationships . Employer/Employee . Environmental . Family Law . Finance . Industrial . Insurance . Intestacy/Wills . Local Government . Neighbourhood . Parent/Adolescent . Partnerships . Personal Injury . Planning & Development . Small claims . Tenancy . Unfair dismissal . Victim/Offender . Work Health/MACA . Workplace Disputes including grievance resolution. Name Workplace STOREY, Matthew Office of the Northern Territory Anti-Discrimination Commissioner LMB 22 GPO Darwin NT 0801 Telephone: (08) 8999 1444 TTY: (08) 8999 1466 Freecall: 1800 813 846 Facsimile: (08) 8981 3811 Type of mediation conducted Administration . Clubs and Associations . Commercial . Environment . Indigenous . Industrial Relations . Native Title . Planning and Development 310 List Of Accredited Mediators (cont) Name Workplace TEMPLE, Phillip B Ec (Hons) M Ec Dip FP GPO Box 1687 DARWIN NT 0801 Telephone: (08) 8941 8965 After Hours: (08) 8961 9335 Mobile phone 0418 225 205 Type of mediation conducted Commercial . Corporate . Finance . Financial Planning . Insurance . Personal Investment . Public sector . Work Health/MACA 311 List Of Accredited Mediators (cont) LIST OF ACCREDITED FAMILY LAW SPECIALISTS ALICE SPRINGS COLLIER, Nardine Collier & Deane Centrepoint Building, 54 Hartley Street PO Box 8245, Alice Springs NT 0871 Telephone: (08) 8952 5265 Facsimile: (08) 8953 0876 email: ncollier@bcd@hotmail.com DARWIN BARR, Stuart NT Legal Aid Commission 9-11 Cavenagh Street Locked Bag 11, Darwin 0801 Telephone: (08) 8999 3000 Facsimile: (08) 8999 3099 email: stuart.barr@ntlac.nt.gov.au BLACK, Cecil Cecil Black Family Lawyer RCG Centre, 47 Mitchell Street GPO Box 3485 Darwin 0801 Telephone: (08) 8981 0988 Facsimile: (08) 8981 0977 email: cecil.black@cecilblack.com.au SIVYER, Jo Sivyer & Associates Shop 16, Star Village Arcade 31-32 Smith Street Mall GPO Box 2288 Darwin 0801 Telephone: (08) 8941 3899 Facsimile: (08) 8941 3738 email: suvyers@topend.com.au TERRILL, Eileen Terrill & Associates Suites 25 & 26 Cavenagh City Centre 24 Cavenagh Street GPO Box 2244 Darwin 0801 Telephone: (08) 8941 2240 Facsimile: (08) 8941 2261 email: terrill@ozemail.com.au TERRY, Janet 3rd Floor, AANT House 79-81 Smith Street GPO Box 4807 Darwin 0801 Telephone (08) 8941 5622 Facsimile (08) 8941 5911 email: jterrylaw@bigpond.com 312 LIST OF OFFICIAL LIQUIDATORS "A" LIST (For appointment to this list see Practice Direction 5/2001 – Appointment of Liquidators by the Court - page 28 this publication) 1. Allan Charles GARRAWAY 18 Smith Street Darwin NT 0800 GPO Box 1999 Darwin NT 0801 Telephone: (08) 8981 8255 Facsimile : (08) 8941 1007 2. Robert William COWLING Bob Cowling TEM House 5 Edmunds Street Darwin NT 0801 Telephone: (08) 8941 9959 Facsimile: (08) 8941 4599 3. Geoffrey Wayne NOURSE Deloitte Touche Tohmatsu 62 Cavenagh Street Darwin NT 0800 GPO Box 4296 Darwin NT 0801 Telephone: (08) 8980 3000 Facsimile: (08) 8980 3002 4. Geoffrey Donald FINCH KPMG 18 Smith Street Darwin NT 0800 GPO Box 1616 Darwin NT 0801 Telephone: (08) 8982 9000 Facsimile: (08) 8941 0238 email: gfinch@kpmg.com.au 313 List Of Official Liquidators (cont) "B" LIST 1. Robert Ronald William SOUTHWELL KPMG 345 Queen Street Brisbane Qld 4000 Darwin Office 18 Smith Street GPO Box 1616 Darwin NT 0801 Telephone:(08) 8982 9000 Facsimile: (08) 8941 0238 2. John Beresford HARKNESS KPMG 45 Clarence Street Sydney NSW 2000 GPO Box H67 Australia Square Sydney NSW 2001 Telephone:(02) 9335 7000 Facsimile:(02) 9299 7077 Darwin Office 18 Smith Street Darwin NT 0800 GPO Box 4296 Darwin NT 0801 Telephone:(08) 8981 8722 Facsimile: (08) 8941 1007 3. John SHEAHAN Sheahans Level 8, 26 Flinders Street Adelaide SA 5000 GPO Box 952 Adelaide SA 5001 Telephone:(08) 232 3533 Facsimile:(08) 232 3443 Darwin +Office C/- Clayton Utz 51-53 Smith Street Darwin NT 0800 GPO Box 612 Darwin NT 0801 Telephone:(08) 8943 2555 Facsimile: (08) 8943 2500 4. Bruce James CARTER Ferrier Hodgson & Co 81 Flinders Street Adelaide SA 5000 GPO Box 1271 Adelaide SA 5001 Telephone:(08) 235 7655 Facsimile:(08) 232 4487 Darwin Office Care Gamble Ryan & Partners 30 Daly Street Darwin NT 0800 GPO Box 4320 Darwin NT 0801 Telephone:(08) 8941 0777 Facsimile (08) 8981 6699 5. Christopher Lawrence HORN KPMG Level 26, KPMG Centre 45 Clarence Street Sydney NSW 2000 GPO Box H67, Australia Square Telephone:(02) 9335 7000 Facsimile:(02) 9299 7077 Darwin Office 18 Smith Street Darwin NT 0800 GPO Box 1616 Darwin NT 0801 Deloitte Touche Tohmatsu 190 Flinders Street Adelaide SA 5000 GPO Box 1969 Adelaide SA 5001 Telephone:(089) 235 4400 Facsimile:(089) 223 2401 Darwin Office 62 Cavenagh Street Darwin NT 0800 GPO Box 429 Darwin NT 0801 Telephone:(08) 8981 8077 Facsimile: (08) 8981 2708 6. David KENNEDY 314 Telephone:(08) 8981 8722 Facsimile (08)8941 0238 List Of Official Liquidators (cont) 7. Robert Anthony FERGUSON 8 Russell H HEYWOOD-SMITH Deloitte Touche Tohmatsu 190 Flinders Street Adelaide SA 5000 GPO Box 1969 Adelaide SA 5001 Telephone: (08) 235 4400 Facsimile: (08) 223 2401 Darwin Office 62 Cavenagh Street Darwin NT 0800 GPO Box 4296 Darwin NT 0801 Telephone:(08) 8980 3000 Facsimile: (08) 8980 3001 BDO 248 Flinders Street Adelaide SA 5000 GPO Box 2018 Adelaide SA 5001 Telephone:(08) 8223 1066 Facsimile:(08) 8232 0902 Darwin Office BDO Mal Sciacca & Associates Suite 6, 2 Shepherd Street Darwin NT 0800 GPO Box 4640 Darwin NT 0801 Telephone:(08) 8981 7066 Facsimile: (08) 8981 7493 9 Mark Christopher Prentice Parbery Barilla HALL 10th Floor, 26 Flinders Street Adelaide SA 5000 GPO Box 1471 Adelaide SA 5001 Telephone:(08) 8211 7800 Facsimile:(08) 8211 8922 Darwin Office C/- Ward Keller, 7th Floor 22 Mitchell Street Darwin NT 0800 GPO Box 330 Darwin NT 0801 Telephone:(08) 8981 2971 Facsimile: (08) 8981 1253 10 Peter Ivan MACKS Prentice Parbery Barilla 10th Floor, 26 Flinders Street Adelaide SA 5000 GPO Box 1471 Adelaide SA 5001 Telephone:(08) 8211 7800 Facsimile:(08) 8211 8922 Darwin Office C/- Ward Keller, 7th Floor 22 Mitchell Street Darwin NT 0800 GPO Box 330 Darwin NT 0801 Telephone:(08) 8981 2971 Facsimile: (08) 8981 1253 11 Robert John DUFF Deloitte Touche Tohmatsu Level 25 & 26, Riverside Centre 123 Eagle Street Brisbane Qld 4000 Telephone:(07) 3308 7000 Facsimile:(07) 3308 7001 Darwin Office: 62 Cavenagh Street Darwin NT 0800 GPO Box 4296 Darwin NT 0801 Telephone:(08) 8980 3000 Facsimile: (08) 8980 3002 12 George DIVITKOS BDO 248 Flinders Street Adelaide SA 5000 GPO Box 2018 Telephone (08) 8223 1066 Facsimile: (08) 8232 0902 Darwin office: BDO, BDO Business Centre 72 Cavenagh Street Darwin NT 0800 GPO Box 4640 Darwin NT 0801 Telephone: (08) 8981 7066 Facsimile: (08) 8981 7493 315 List Of Official Liquidators (cont) "C" LIST 1. Ian Douglas FERRIER Ferrier Hodgson & Co Level 17, 2 Market Street GPO Box 1969 Sydney NSW 2001 2. Frederick Charles PERKINS Bentleys 185 Fullerton Road Dulwich SA 5065 3. Neville George HALLIGAN Hall Chadwick & Co Hall Chadwick Centre Cnr Edward & Margaret Streets Brisbane QLD 4000 4. Stephen Elliott YOUNG Level 5, 12 Pirie Street GPO Box 471 Adelaide SA 5001 5. Anthony George HODGSON Ferrier Hodgson Level 25, 140 William Street Melbourne VIC 3000 6. John Menzies SPARK Ferrier Hodgson Level 25, 140 William Street Melbourne VIC 3000 7. Bruce N MULVANEY Level 1, 22 Grenfell Street Adelaide SA 5000 8 Stephen James DUNCAN Stephen Duncan & Associates 12 Pirie Street Adelaide SA 5000 GPO Box 471 Adelaide SA 5001 Telephone: (089) 212 6711 Facsimile: (089) 212 7868 9. Andrew Ryrie CAMPBELL Level 6, 81 Flinders Street, Adelaide SA 5000 GPO Box 952 Adelaide SA 5001 Telephone: (08) 232 3533 Facsimile : (08) 232 3443 10.. John Henderson JACKSON 2nd Floor Tinsmith House 135 Waymouth Street Adelaide SA 5000 11 John Maxwell MORGAN Hayes Knight Level 3, 104 Frome Street Adelaide SA 5000 316 OFFICIAL LIQUIDATORS REMUNERATION The hourly rates are as follows: Partner From 1/4/91 From /12/92 From 1/1/97 $ 195 $ 227 $ 307 Director Manager 1 241 141 147 Manager 2 198 150 Supervisor 106 106 126 Seniors I 85 90 113 Seniors 2 76 76 92 Intermediate I 65 66 78 Intermediate 2 59 59 74 Secretaries/WPO 64 64 79 Computer operator 63 62 73 Clerk 54 54 62 Typist 49 49 52 Junior 32 34 38 The principles set out in the guide to hourly rates recommended by the Insolvency Practitioners Association of Australia effective from 1 November 1990 apply as far as possible to these scales. It is to be understood that the rates provided above are not to be taken as an indication of the rates to be used in every liquidation. In some cases, the rates will be clearly inappropriate and may not be relevant to all staff employed by Liquidators in the Territory. Each case will be adjudged on its merits. For related information on Liquidators and remuneration see Practice Directions: No 5/2001 – Appointments and changes to circumstances- page 28 Memoranda from Master & Registrar No 1A/94 - 26 April 1994 Application for determination of Liquidator’s remuneration by the Court - page 40 12 July 1993 Evidence of work done - page 42 317 2001 PUBLIC HOLIDAYS - NORTHERN TERRITORY NEW YEAR'S DAY Monday 1 January 2001 AUSTRALIA DAY Friday 26 January 2001 GOOD FRIDAY Friday 13 April 2001 EASTER MONDAY Monday 16 April 2001 ANZAC DAY Wednesday 25 April 2001 MAY DAY Monday 7 May 2001 QUEEN'S BIRTHDAY Monday 11 June 2001 *ALICE SPRINGS SHOW DAY Thursday 6 July 2001 *TENNANT CREEK SHOW DAY Thursday 13 July 2001 *KATHERINE SHOW DAY Thursday 20 July 2001 *DARWIN SHOW DAY Thursday 27 July 2001 +PICNIC DAY Monday 6 August 2001 CHRISTMAS DAY Tuesday 25 December 2001 BOXING DAY Wednesday 26 December 2001 * Regional observance only 318 INDEX Aboriginal Land Commissioner Aboriginal Legal Aid Service Alice Springs Darwin Katherine Nhulunbuy Aboriginal Legal Aid Service, Tennant Creek Aboriginal Legal Aid Services Academic Qualifications Access Committee Supreme Court Accredited Family Law Specialists Administrative Appeals Tribunal Administrator of the Northern Territory Admiralty Supreme Court Admission hardship provision Mutual Recognition Scheme New Zealand applicants other than under Mutual Recognition Scheme supplementary guidelines Admissions days overseas applicants persons not admitted elsewhere After hours duty Judge Aged and Disability Rights Team Anti-Discrimination Commissioner office of Appointment of office bearers Appointments of Commissioners for Oaths Articles of clerkship Attorney General's Dept NT Australian Bar Association Australian Competition & Consumer Commission Australian Government Solicitor Australian Securities & Investments Commission Bankruptcy trustee Bar Association NT Barristers Chambers Births Deaths and Marriages Calendar Commonwealth Courts Central Australian Aboriginal Legal Aid Service Central Australian Women's Legal Service Inc Chief Magistrate's Practice Directions Local Court Practice Directions, Domestic Violence Act Practice Directions, Family Matters Court Practice Directions, Justices Act Practice Directions, Small Claims Practice Directions, Work Health Act Commonwealth Director of Public Prosecutions Community Legal Aid Casuarina Darwin Palmerston Copyright judgments policy copyright policy in judgments Coroner Alice Springs Darwin Correctional Services NT Correctional Services Parole Board Council of Law Reporting Committee NT Counsel Fees taxation guidelines Court Recording Services Pty Ltd, Alice Springs 299 Court Recording Services Pty Ltd, Darwin 7 Court Reporting policy and charges 178 Criminal Lawyers Assoc of the NT 296 Darwin Community Legal Service 274 Deputy Chief Magistrate 93 Development Consent Authority 300 Director of Public Prosecutions Commonwealth 269 Domestic Violence Legal Help Darwin 276 Domestic Violence Legal Service Alice Springs 277 DPP NT 265 Environmental Defenders Office 277 Family Court Alice Springs 193 Darwin 193 Memorandum 195 Practice Directions 195, 244 Registries 242 Family Court of Australia 240 Family Court of Western Australia 257 Federal Court 213 full sittings 215 Guidelines, expert witness 237 practice notes 218 registries 216 Federal Magistrates Circuit 194 Fees Local Court 176 Supreme Court 70 Guidelines for Admission of Legal Practitioners 72 Health & Community Services Complaints Committee 300 High Court 198 practice notes 202 Sittings 201 Interest Rates Supreme Court 63 Interpreter and Translator Service NT 269 Judges Family Court 240 Family Court of WA 257 Federal Court 213 High Court 198 Supreme Court 1 Jury Administration Officer 5 Katherine Regional Aboriginal Legal Aid Service 272 Katheriune Community Legal Services 277 Land and Valuation Review Tribunal 299 Land Councils Central 278 Northern 279 Pitjantjatjara Council 279 Land Titles Office 263 Law Council of Australia 298 Law firms list, Alice Springs 284 list, Casuarina 286 list, Cullen Bay 286 list, Darwin 286 list, Jingili 292 list, Katherine 292 list, Maningrida 293 list, Nhulunbuy 293 list, Nightcliff 293 list, Palmerston 293 272 273 272 273 272 272 81 6 312 258 260 6 72 77 75 74 81 74 75 74 2 275 299 262 262 72 262 298 301 268 302 303 295 280 263 194 272 276 106 167 173 142 139 146 269 274 274 274 186 178 97 97 267 267 296 64 7 i list, Parap 294 list, Wanguri 294 list, Wulagi 294 Law firms list, Fannie Bay 292 Law Reform committee NT 296 Law School, NTU 270 Law Society Northern Territory 295 Legal Aid Aboriginal, Alice Springs 272 Aboriginal, Darwin 273 Aboriginal, Katherine 272 Aboriginal, Nhulunbuy 273 Aboriginal, Tennant Creek 272 Alice Springs 271 Darwin 271 Katherine 271 Women, Alice Springs 276 Women, Darwin 276 Women, Katherine 277 Legal Aid, Darwin Community 274 Legal Practitioners Admission Board 297 Legal Practitioners Complaints Committee 297 Legal Practitioners Fidelity Fund Committee 297 Legal Practitioners Trust Fund Committee 298 Library Management Committee, Supreme Court 4 Liquidators A list 313 B list 314 C list 316 remuneration 317 List of Accredited Family Law Specialists 312 Local Court 91 Alice Springs 93 Alice Springs, circuit 94 Darwin 91 Darwin, Circuit 92 Katherine 95 Katherine, circuit 95 Nhulunbuy 96 Tennant Creek 96 Local Court fees 176 MACA Tribunal 299 Magistrate Katherine 95 Magistrates Alice Springs 93 Darwin 91 Mediators Accredited list of 307 Memoranda Chief Magistrate's 99 Master 36 Registrar Supreme Court 42 Sheriff 88 Miwatj Aboriginal Legal Service 273 Motor Accidents (Compensation) Appeals Tribunal 299 North Australian Aboriginal Legal Aid Service 273 Northern Territory Legal Aid Commission Alice Springs 271 Darwin 271 Katherine 271 Northern Territory Treasury 301 Notaries Public NT list 304 NT Interpreter and Translator Service 269 OCA Court reporting policy 179 OCA Policy General Index 178 Office of Courts Administration CEO 6 Office of the Attorney-General for NT 260 Office of the Director of Public Prosecutions 265 Office of the Solicitor-General 261 Ombudsman 261 Parliamentary Council office of 269 Parole Board 267 Planning Authority NT 300 Police, Fire & Emergency Services 268 Policy copyright, judgments 186 Policy OCA Supreme Court Library 184 Policy OCA, court reporting 179 Policy OCA, general 178 Policy transcripts 178 Practice Directions Chief Justice 10 Domestic Violence Act 167 Family Court 195, 244 Family Matters Court 173 Justices Act 142 Small Claims 139 Work Health 146 Practice Notes Federal Court 218 High Court 203 Public Holidays 318 Public Prosecutor NT 265 Public Trustee for NT 264 Registrar General Office of 263 Registrar of Probates 3 Sheriff memoranda 88 Supreme Court 5 Solicitors costs Taxation guidelines 49 Summary Prosecutions Alice Springs 266 Winnellie 266 Supreme Court Access Committee 6 Alice Springs Registry 4 calendar Alice Springs 9 Calendar Darwin 8 calendar Katherine 9 Court recording contractors 7 Darwin registry 3 fees 70 Judges 1 Library Darwin 4 Master 3 Master's memoranda 36 Practice Directions, Chief Justice 12 Registrar 3 Registrar's memoranda 42 Security, Darwin 6 Sheriff 5 Supreme Court – Alice Springs chambers 2 Supreme Court Associates and Secretaries 1 Supreme Court Chief Justice 1 Supreme Court interest rates 63 Supreme Court library - Alice Springs 4 Supreme Court Library access and policy 178 Supreme Court Listing clerk 3 Supreme Court of the Northern Territory 1 Taxation guidelines Solicitors costs 49 Taxation guidelines counsel fees 64 Top End Women's Legal Service 276 Trans Tasman Mutual Recognition Act 78 Transcripts policy 178 ii videoconferencing – Office of Courts Administration policy 178 Welfare Rights Service 275 University School of Law 270 Videoconferencing - bookings and procedures - OCA 187 iii
