common law division 2018 orders booklet - … · · 2018-01-311 common law division 2018 orders...

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COMMON LAW DIVISION 2018 ORDERS BOOKLET

Timetabling Orders ............................................................................... 3

Common Law Division General List ......................................................... 3 Common Law Division General List Jury Trial – Melbourne ............................................. 3 Common Law Division General List Jury Trial – Circuit .................................................... 5 Common Law Division General List Cause Trial – Melbourne ......................................... 7 Common Law Division General List Cause Trial – Circuit ................................................ 9

Common Law Division Serious Injury (SIA) List ....................................11 Common Law Division SIA List s.93 Melbourne ............................................................. 11 Common Law Division SIA List s.93 Circuit .................................................................... 13 Common Law Division SIA List s.134AB – Melbourne ................................................... 15 Common Law Division SIA List s.134AB – Circuit .......................................................... 17 Common Law Division SIA List s.135A – Melbourne ...................................................... 19 Section 135A – Circuit ..................................................................................................... 21

Common Law Division Medical List ........................................................23 Medical List – Melbourne ................................................................................................ 23 Medical List Circuit .......................................................................................................... 25 Application seeking an extension of time within which to commence a proceeding (where a defence raises the Limitations of Actions Act 1958) ....................................................... 27 Mediation Result Order ................................................................................................... 27

Common Law Division Family Property List ..........................................28 Testator Family Maintenance Listing a Judicial Settlement Conference ........................ 28 Testator Family Maintenance Setting Down for Trial After JSC ...................................... 30 Testator Family Maintenance Listing Private Mediation and Trial .................................. 31 Family Property Joinder of Beneficiary............................................................................ 33

Common Law Division Defamation List .................................................34 Common Law Division Defamation List Jury Trial – Melbourne ..................................... 34 Common Law Division Defamation List Jury Trial – Circuit ............................................ 36 Common Law Division Defamation List Cause Trial – Melbourne .................................. 38 Common Law Division Defamation List Cause Trial – Circuit ......................................... 40

Subsequent Administrative Mention (SAM) ...................................... 42 Common Law Division General List SAM ....................................................................... 42 Common Law Division Serious Injury List SAM .............................................................. 42 Common Law Division Medical List SAM ........................................................................ 42 Common Law Division Family Property List SAM ........................................................... 43

Listing/Vacating/Adjourning Directions Hearings/Summons .......... 43 List Directions Hearing .................................................................................................... 43 Adjourn Directions Hearing ............................................................................................. 44 Vacate Directions Hearing ............................................................................................... 44 Adjourn Summons ........................................................................................................... 44

Extensions of time ....................................................................................44 Extension of time – General ............................................................................................ 44 Extension of time to pay the setting down fee ................................................................. 44 Extension of time for dismissal notice ............................................................................. 44 Extension of time all orders Common Law Division ........................................................ 44

Pleadings ............................................................................................. 45 Addition of Defendant/s ................................................................................................... 45 Substitution of Parties ..................................................................................................... 46 Amend Description of Defendant .................................................................................... 46 Joinder of Third Party ...................................................................................................... 46

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Application to join another party ...................................................................................... 46 Amend the Writ and Statement of Claim ......................................................................... 46 Amend the Statement of Claim ....................................................................................... 46 Defence and Counterclaim .............................................................................................. 46 Defence to Counterclaim ................................................................................................. 46 Reply ............................................................................................................................... 46 Reply and Defence to Counterclaim................................................................................ 46 Defence ........................................................................................................................... 46

Further and Better Particulars .................................................................47 Furthers and betters ........................................................................................................ 47 File and serve FBP .......................................................................................................... 47 File and serve FBP pursuant to a Request ..................................................................... 47

Discovery ..................................................................................................47 Discovery – General ........................................................................................................ 47 Discovery to a specific party ............................................................................................ 47 Make Discovery ............................................................................................................... 47

Interrogatories ..........................................................................................48 General Order for all parties ............................................................................................ 48 Answers to Interrogatories .............................................................................................. 48

Mediation ...................................................................................................48 General Mediation Order ................................................................................................. 48 Mediation Order including ‘those with ultimate responsibility’ to attend .......................... 48 Referral to Mediator ......................................................................................................... 48

Subpoenas ................................................................................................48 General subpoena order ................................................................................................. 48 Inspection of Subpoenas ................................................................................................. 48 Objection related orders .................................................................................................. 49

Trial dates ..................................................................................................49 List a Trial Date - Melbourne ........................................................................................... 49 List a Trial Date – Circuit ................................................................................................. 49 First Circuit next year....................................................................................................... 50 Confirm a Trial Date ........................................................................................................ 50 Vacate a Trial Date – Melbourne ..................................................................................... 50 Vacate a Trial Date – Circuit ........................................................................................... 50 Vacate a Trial Date & Refix - Melbourne ......................................................................... 50 Vacate a Trial Date & Refix – Circuit ............................................................................... 50 Reinstate Proceeding ...................................................................................................... 50

Payment of Fees .......................................................................................50 Setting down for trial fee - payment ................................................................................. 50 Setting down for trial fee – to stand ................................................................................. 50 Jury Fee – payment ......................................................................................................... 51 Jury Fee – to stand .......................................................................................................... 51 Transfer between lists ..................................................................................................... 51 Proceedings to be listed together .................................................................................... 51 Consolidation order example ........................................................................................... 51 Liberty to apply ................................................................................................................ 52 Service of Order on another party ................................................................................... 52 Service of Order on another party by post ...................................................................... 52

Litigation Guardian ...................................................................................52 Any Application to appoint Litigation Guardian ............................................................... 52 Appointing Litigation Guardian ........................................................................................ 53 Removal of Litigation Guardian ....................................................................................... 53

Finalisation of Proceedings .....................................................................53 Struck out ........................................................................................................................ 53 Struck out with right of reinstatement .............................................................................. 53 Struck out with specific right of reinstatement ................................................................. 53 Dismissed ........................................................................................................................ 53

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Timetabling Orders Common Law Division General List Common Law Division General List Jury Trial – Melbourne

1. The proceeding is set down for trial on as a Jury (estimate days).

OR

2. The trial listed for is vacated and the proceeding is refixed for trial on as a Jury (estimate days).

3. The plaintiff is to pay the setting down for trial fee on or before . In default, the

defendant may pay the fee within a further 21 days. If the fee is not paid the trial date will be vacated.

OR

4. The setting down for trial fee has been paid in this proceeding.

5. Any application to vacate the trial date, made within 28 days of the trial, must be

accompanied by an affidavit in support that provides an explanation of the need to vacate the trial to the Common Law Division Judicial Registrar.

6. By 4:00 pm on the is to pay the jury fee. In default, any other party may pay the fee within a further 14 days. If the fee is not paid, the trial will proceed as a cause.

OR

7. The first day’s jury fee is to stand as paid in this proceeding.

8. The parties are to cooperate in completing the interlocutory processes in accordance

with the Rules of Court so that the action is brought to trial as quickly as is reasonably practicable.

9. By the parties have leave to serve any Notice for Discovery on each other.

10. By the party served with a Notice for Discovery must make discovery

(including full inspection) of the following documents: a. each document referred to in the party’s pleadings or the particulars of the

pleadings; b. any document which may be produced by the party during evidence at the

trial; c. any document which may harm the party’s case; d. any document or class of documents which any other party reasonably

requests the party to discover.

11. The parties have leave to serve Interrogatories for the examination of each other by .

12. By 4:00 pm on :

a. the parties are to exchange any medical and/or expert reports concerning damages and liability;

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b. the plaintiff is to serve particulars of special damage, loss of earnings and loss of earning capacity.

13. By , the parties are to mediate the dispute.

14. The plaintiff is to notify the Court in writing if the proceeding settles at or after

mediation, such notification to occur as soon as possible after settlement.

15. Any subpoena under Order 42A is to be issued by .

16. No later than 28 days before the trial date: a. the parties are to exchange any further medical and/or expert reports

concerning damages and liability, along with supporting documentation; b. the plaintiff is to serve any final particulars of special damages, loss of

earnings and loss of earning capacity.

17. Court Books must be prepared by the parties (either jointly or separately), served 7 days prior to trial, and filed at the commencement of the trial with the Judge’s Associate.

18. Reserve liberty to the parties to apply to the Judicial Registrar of the Common Law

Division for further directions upon giving reasonable notice to all other parties.

19. Costs reserved.

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Common Law Division General List Jury Trial – Circuit

1. The proceeding is set down for trial at not before the circuit commencement date of , to be heard as a Jury (estimate days).

OR

2. The trial listed at not before the circuit commencement date of is vacated and refixed for trial not before the circuit commencement date of as a Jury (estimate days).

OR if trial is listed in the following year

3. The proceeding will be set down for trial at , not before the first circuit commencement date of [following year], to be heard as a Jury (estimate

days).

4. By [31 October of the current year], the parties will be advised by the Registrar at of the date of the first circuit commencement date of [following year].



6. By the Plaintiff is to pay the setting down for trial fee. In default, the Defendant

may pay the fee within a further 21 days. If the fee is not paid the trial date will be vacated.

OR


8. By the is to pay the jury fee. In default, any other party may pay the fee

within a further 14 days. If the fee is not paid, the trial will proceed as a cause. OR


10. The parties are to cooperate in completing the interlocutory processes in accordance with the Rules of Court so that the action is brought to trial as quickly as is reasonably practicable.


12. By the party served with a Notice for Discovery must make discovery (including

full inspection) of the following documents: a. each document referred to in the party’s pleadings or the particulars of the




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13. By the parties have leave to serve Interrogatories for the examination of each

other.

14. By : a. the parties are to exchange any medical and/or expert reports concerning

damages and liability; b. the Plaintiff is to serve particulars of special damage, loss of earnings and

loss of earning capacity.

15. By the parties are to mediate the dispute.

16. The Plaintiff is to notify the Court in writing if the proceeding settles at or after


17. By any subpoena under Order 42A is to be issued.

18. No later than 28 days before the trial date:

a. the parties are to exchange any further medical and/or expert reports concerning damages and liability, along with supporting documentation;

b. the Plaintiff is to serve any final particulars of special damages, loss of earnings and loss of earning capacity.

19. Court Books must be prepared by the parties (either jointly or separately), served 7

days prior to trial, and filed at the commencement of the trial with the Judge’s Associate.



21. Costs reserved.

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Common Law Division General List Cause Trial – Melbourne

1. The proceeding is set down for trial on as a Cause (estimate days). OR

2. The trial listed for is vacated and the proceeding is refixed for trial on as

a Cause (estimate days).

3. By the Plaintiff is to pay the setting down for trial fee. In default, the Defendant may pay the fee within a further 21 days. If the fee is not paid the trial date will be vacated.

OR












9. By the parties have leave to serve Interrogatories for the examination of each other.

10. By :


b. the Plaintiff is to serve particulars of special damage, loss of earnings and loss of earning capacity.






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a. the parties are to exchange any further medical and/or expert reports concerning damages and liability, along with supporting documentation;

b. the Plaintiff is to serve any final particulars of special damages, loss of earnings and loss of earning capacity.





17. Costs reserved.

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Common Law Division General List Cause Trial – Circuit

1. The proceeding is set down for trial at , not before the circuit commencement date of , to be heard as a Cause (estimate days).

OR

2. The trial listed at not before the circuit commencement date of is vacated and refixed for trial not before the circuit commencement date of as a Cause (estimate days).


3. The proceeding will be set down for trial at , not before the first circuit commencement date of [following year], to be heard as a Jury (estimate days).


5. Any application to vacate the trial date, made within 28 days of the trial, must be accompanied by an affidavit in support that provides an explanation of the need to vacate the trial to the Common Law Division Judicial Registrar.



OR










12. By :


b. the Plaintiff is to serve particulars of special damage, loss of earnings and loss of earning capacity.

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16. No later than 28 days before the trial date: a. the parties are to exchange any further medical and/or expert reports

concerning damages and liability, along with supporting documentation; b. the Plaintiff is to serve any final particulars of special damages, loss of





19. Costs reserved.

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Common Law Division Serious Injury (SIA) List Common Law Division SIA List s.93 Melbourne ORDERS

1. The proceeding is set down for hearing on (estimate days) as a Serious Injury Application.

OR

2. The hearing listed for is vacated and the proceeding is refixed on as a

Serious Injury Application (estimate days).

3. The plaintiff is to pay the setting down for trial fee on or before . In default, the defendant may pay the fee within a further 21 days. If the fee is not paid the trial date will be vacated.

OR




6. The parties are to cooperate in completing the interlocutory processes in accordance with the Rules of the Court so that the action is brought to trial as quickly as possible.

7. By 4:00 pm on (+ 4 weeks from the date of the order) the plaintiff is to serve on the

defendant: a. particulars of injury specifying subsection of the definition of serious injury in

s.93(17) of the Transport Accident Act 1986 relied upon in this application, together with a summary of the precise loss of body function, impairment, disturbance or disorder or condition which will be alleged at trial to have resulted from such injury;

b. copies of PAYG Payment Summaries and income tax returns together with supporting documentation in his/her possession or power from 3 years prior to the date of the incident causing injury, to date;

c. all affidavits in support of the application, including an affidavit up to date as to the consequences the plaintiff claims arise as a result of injury. An affidavit which has been previously served on the defendant (or the Transport Accident Commission) prior to the service of the Originating Motion in this proceeding does not comply with this order unless that affidavit was sworn within 30 days prior to that service;

d. medical, or other material relied upon in support of the application.

8. By 4:00 pm on (+ 8 weeks from the date of the order) the defendant or its’ solicitors are to serve upon the plaintiff or his/her solicitors:

a. all affidavits in opposition of the application; and b. all medical and other material upon which it intends to rely.


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10. No later than 6 weeks prior to hearing, the parties are to complete any exchange of further affidavits or medical reports to be relied on at the hearing and the plaintiff is to serve on the defendant any additional PAYG Payment Summaries and income tax returns together with supporting documentation.

11. No later than 28 days prior to hearing, the parties are to complete any inspection and

copying of documents subpoenaed under Rule 42A.

12. No later than 21 days prior to hearing, the parties are to serve any notices of intention to cross-examine witnesses.

13. Where the parties elect to prepare separate Court Books, these are to be exchanged

7 days prior to hearing and filed at the commencement of the hearing.

14. Where the parties agree that a joint Court Book is to be prepared, it is to be filed at the commencement of the hearing.

15. Generally, Court Books are not to contain:

a. more than one copy of a document; b. taxation returns (but may contain a summary of them); c. exhibit slips; d. affidavits which merely exhibit documents (only the documents themselves

are to be included); e. in the defendant’s case, any document already provided in the plaintiff’s Court

Book.

16. Taxation returns not included in the Court Books must be available for production to the Court if required.



18. Costs reserved.

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Common Law Division SIA List s.93 Circuit

1. The proceeding is set down for hearing at , not before the circuit commencement date of , to be heard as a Serious Injury Application (estimate days).

OR

2. The hearing listed at not before the circuit commencement date of is vacated and refixed for hearing not before the circuit commencement date of as a Serious Injury Application (estimate days).


3. The proceeding will be set down for hearing at , not before the first circuit

commencement date of [following year], to be heard as a Serious Injury Application (estimate days).

AND

4. By [Last day in October of the current year], the parties will be advised by the Registrar at of the date of the first circuit commencement date of [following year].


OR




9. By 4:00 pm on (+ 4 weeks from the date of the order) the plaintiff is to serve on the defendant:

a. particulars of injury specifying subsection of the definition of serious injury in s.93(17) of the Transport Accident Act 1986 relied upon in this application, together with a summary of the precise loss of body function, impairment, disturbance or disorder or condition which will be alleged at trial to have resulted from such injury;

b. copies of PAYG Payment Summaries and income tax returns together with supporting documentation in his/her possession or power from 3 years prior to the date of the incident causing injury, to date;

c. all affidavits in support of the application, including an affidavit up to date as to the consequences the plaintiff claims arise as a result of injury. An affidavit which has been previously served on the defendant (or the Transport Accident Commission) prior to the service of the Originating Motion in this

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proceeding does not comply with this order unless that affidavit was sworn within 30 days prior to that service;

d. medical, or other material relied upon in support of the application.

10. By 4:00 pm on (+ 8 weeks from the date of the order) the defendant or its’ solicitors are to serve upon the plaintiff or his/her solicitors:

a. all affidavits in opposition of the application; and b. all medical and other material upon which it intends to rely.


12. No later than 6 weeks prior to hearing, the parties are to complete any exchange of

further affidavits or medical reports to be relied on at the hearing and the plaintiff is to serve on the defendant any additional PAYG Payment Summaries and income tax returns together with supporting documentation.

13. No later than 28 days prior to hearing, the parties are to complete any inspection and

copying of documents subpoenaed under Rule 42A.







are to be included); e. in the defendant’s case, any document already provided in the plaintiff’s Court

Book.




20. Costs reserved.

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Common Law Division SIA List s.134AB – Melbourne


OR




OR



6. Pursuant to s274(1)(b)(ii) of the Workplace Injury Rehabilitation and Compensation Act 2013 the court has determined that the time by which a party must notify the court of the party’s intention to request the court to refer questions to a Medical Panel is within 30 days of the date of this order. Parties must comply with PNCLD 1 – 2017 Referral of medical questions to a Medical Panel.


with the Rules of the Court so that the action is brought to trial as quickly as possible.

8. By 4:00 pm on , a. the plaintiff is to serve particulars of injury specifying the nature of the injury

claimed to constitute `serious injury` and, where relevant, the nature of the impairment, loss of body function, mental or behavioural disturbance or disorder.

b. the parties are to complete any exchange of further affidavits or medical reports to be relied on at the hearing.

c. the parties are to exchange evidence establishing permanence of impairment. d. the parties are to exchange adequate material concerning loss of earning

capacity.

9. No later than 28 days prior to hearing, the parties are to: a. complete any inspection and copying of documents subpoenaed under Rule

42A; b. serve any notices of intention to cross-examine witnesses.

10. No later than 21 days prior to hearing:

a. the plaintiff’s proposed Court Book Index is to be delivered to the defendant’s solicitor;

b. the defendant’s solicitor may request delivery of any relevant taxation returns of the plaintiff which have not yet been provided. Such taxation returns to be provided within a further 7 days.

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11. No later than 3 days prior to hearing, the parties are to exchange Court Books, which are to be contained in lever arch folders.

12. Court Books are to be prepared in accordance with the PNCLD 3-2017 Operation and Management of the Lists within the Common Law Division paragraphs 48.1 - 50.5.


14. Reserve liberty to the parties to apply to the Judicial Registrar of the Common Law Division for further directions upon giving reasonable notice to all other parties.

15. Costs reserved.

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Common Law Division SIA List s.134AB – Circuit


OR





AND




OR



8. Pursuant to s274(1)(b)(ii) of the Workplace Injury Rehabilitation and Compensation Act 2013 the court has determined that the time by which a party must notify the court of the party’s intention to request the court to refer questions to a Medical Panel is within 30 days of the date of this order. Parties must comply with PNCLD 1 – 2017 Referral of medical questions to a Medical Panel.



10. By 4:00 pm on , a. the plaintiff is to serve particulars of injury specifying the nature of the injury

claimed to constitute `serious injury` and, where relevant, the nature of the impairment, loss of body function, mental or behavioural disturbance or disorder.

b. the parties are to complete any exchange of further affidavits or medical reports to be relied on at the hearing.

c. the parties are to exchange evidence establishing permanence of impairment. d. the parties are to exchange adequate material concerning loss of earning

capacity.

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11. No later than 28 days prior to hearing, the parties are to: a. complete any inspection and copying of documents subpoenaed under Rule

42A; b. serve any notices of intention to cross-examine witnesses.

12. No later than 21 days prior to hearing:

a. the plaintiff’s proposed Court Book Index is to be delivered to the defendant’s solicitor;

b. the defendant’s solicitor may request delivery of any relevant taxation returns of the plaintiff which have not yet been provided. Such taxation returns to be provided within a further 7 days.

13. No later than 3 days prior to hearing, the parties are to exchange Court Books, which

are to be contained in lever arch folders.

14. Court Books are to be prepared in accordance with the PNCLD 3-2017 Operation and Management of the Lists within the Common Law Division paragraphs 48.1 - 50.5.

15. Taxation returns not included in the Court Books must be available for production to

the Court if required.


17. Costs reserved.

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Common Law Division SIA List s.135A – Melbourne


OR




OR

4. The setting down for trial fee has been paid in this proceeding. 5. Any application to vacate the trial date, made within 28 days of the trial, must be




7. By 4:00 pm on the plaintiff is to serve: a. particulars of injury specifying subsection of the definition of serious injury in

s.135A(19) of the Accident Compensation Act 1985 relied upon in this application, together with a summary of the precise loss of body function, impairment, disturbance or disorder or condition which will be alleged at trial to have resulted from such injury;

b. copies of group certificates and income tax returns together with supporting documentation in his/her possession or power from 3 years prior to the date of the incident to date;

c. and file all affidavits exhibiting medical or other material relied upon in support of the application.

8. Any subpoenas under Rule 42A are to be issued on or before .

9. No later than 6 weeks prior to hearing, the parties are to complete any exchange of

further affidavits or medical reports to be relied on at the hearing and the plaintiff is to serve on the defendant any additional income tax returns together with supporting documentation.

10. No later than 28 days prior to hearing, the parties are to complete any inspection of

documents and copying of documents subpoenaed under Rule 42A.





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are to be included); e. in the defendant’s case, any document already in the plaintiff’s Court Book.




17. Costs reserved.

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Section 135A – Circuit


OR





AND




OR




8. By 4:00 pm on the Plaintiff is to serve:

a. particulars of injury specifying subsection of the definition of serious injury in s.135A(19) of the Accident Compensation Act 1985 relied upon in this application, together with a summary of the precise loss of body function, impairment, disturbance or disorder or condition which will be alleged at trial to have resulted from such injury;

b. copies of group certificates and income tax returns together with supporting documentation in his/her possession or power from 3 years prior to the date of the incident causing injury, to date;

c. and file all affidavits exhibiting medical or other material relied upon in support of the application.

9. By any subpoenas under Order 42A are to be issued.

10. No later than 42 days prior to hearing, the parties are to complete any exchange of

affidavits or medical reports to be relied on at the hearing and the plaintiff is to serve on the defendant any additional income tax returns together with supporting documentation.

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11. No later than 28 days prior to hearing, the parties are to complete any inspection of documents and copying of documents subpoenaed under Order 42A.

12. No later than 21 days prior to hearing, the parties are to serve any notices of

intention to cross-examine witnesses.

13. Where the parties elect to prepare separate Court Books, these are to be exchanged 7 days prior to hearing and filed at the commencement of the hearing.

14. Where the parties agree that a joint Court Book is to be prepared, it is to be filed at

the commencement of the hearing.

15. Generally, Court Books are not to contain: a. more than one copy of a document; b. taxation returns (but may contain a summary of them); c. exhibit slips; d. affidavits which merely exhibit documents (only the documents themselves

are to be included); e. in the defendant’s case, any document already in the plaintiff’s Court Book.




18. Costs reserved.

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Common Law Division Medical List Where the parties require an Order which fixes an initial Timetable which is to take effect in accordance with paragraph 25 of the Medical List Practice Note No PNCL-ML 1-2015, the proposed consent Orders filed by the parties must be headed: “Initial Timetable Order which takes effect THREE DAYS after Filing”.

Medical List – Melbourne In complying with these Orders, the conduct of the parties is governed by the provisions of the Medical List Practice Note No PNCL-ML 1-2015.

1. The proceeding is set down for trial on as a (Cause/Jury) (estimate days).

OR 2. The trial listed for is vacated and the proceeding is refixed for trial on as

a Cause/Jury (estimate days).


OR



accompanied by an affidavit in support that provides an explanation of the need to vacate the trial to the Judge in charge of the Medical List or, if the List Judge is unavailable, to the Common Law Division Judicial Registrar.

6. (If jury) By 4:00 pm on the is to pay the jury fee.

OR




9. The parties are granted leave to serve any Notice for Discovery on each other by .

10. By 4:00 pm on the party served with a Notice for Discovery must make

discovery (including full inspection) of the following documents: a. each document referred to in the party’s pleadings or the particulars of the




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11. The parties have leave to serve Interrogatories for the examination of each other by

.

12. By 4:00 pm on : a. the parties are to exchange any medical and/or expert reports concerning

damages and liability; b. the plaintiff is to serve particulars of special damage, loss of earnings and

loss of earning capacity along with supporting documentation

13. By , the parties are to mediate the dispute. Those persons with the authority to settle the proceeding and the terms of the settlement together with the lawyers who have the ultimate responsibility to advise the parties in respect of the proceeding and its settlement shall attend the Mediation.

14. Should the matter fail to settle at Mediation the matter is to be the subject of a directions hearing on (within twenty-one (21) days of the Mediation date).

15. Should the matter settle at Mediation, the parties must file Notice with the Court within fourteen (14) days, in the form of the Standard Order set out in Schedule 3 of the Medical List Practice Note No PNCL-ML 1-2015.


17. Should the parties wish to exchange further medical and/or expert reports concerning damages or liability after the Mediation, such reports along with supporting documentation are to be exchanged:

a. in accordance with paragraphs 73 – 74 of the Medical List Practice Note PNCL-ML 1-2015; and

b. no later than 28 days before the trial date.

18. No later than 28 days before the trial date the plaintiff is to serve any final particulars of special damages, loss of earnings and loss of earning capacity.


20. Liberty to apply to the Judge in charge of the Medical List for further directions upon reasonable notice to all other parties.

21. Costs reserved.

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Medical List Circuit In complying with these Orders, the conduct of the parties is governed by the provisions of the Medical List Practice Note No PNCL-ML 1-2015.

1. The proceeding is set down for trial at not before the circuit commencement date of , to be heard as a (Cause/Jury) (estimate days).

OR

2. The proceeding will be set down for trial at , not before the first circuit

commencement date of 2017, to be heard as a (estimate days).

3. By 12.10.2016, the parties will be advised by the Registrar at of the date of the first circuit commencement date of 2017.



OR



accompanied by an affidavit in support that provides an explanation of the need to vacate the trial to the Judge in charge of the Medical List or, if the List Judge is unavailable, to the Common Law Division Judicial Registrar.

7. (If jury) By 4:00 pm on the is to pay the jury fee.

OR

8. The first day’s jury fee is to stand in this proceeding.



10. The parties are granted leave to serve any Notice for Discovery on each other by .

11. By 4:00 pm on the party served with a Notice for Discovery must make

discovery (including full inspection) of the following documents:

a. each document referred to in the party’s pleadings or the particulars of the pleadings;

b. any document which may be produced by the party during evidence at the trial;

c. any document which may harm the party’s case; d. any document or class of documents which any other party reasonably



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13. By 4:00 pm on :


b. the plaintiff is to serve particulars of special damage, loss of earnings and loss of earning capacity along with supporting documentation

14. By , the parties are to mediate the dispute. Those persons with the authority to

settle the proceeding and the terms of the settlement together with the lawyers who have the ultimate responsibility to advise the parties in respect of the proceeding and its settlement shall attend the Mediation.

15. Should the matter fail to settle at Mediation the matter is to be the subject of a directions hearing on (within twenty-one (21) days of the Mediation date).

16. Should the matter settle at Mediation, the parties must file Notice with the Court within fourteen (14) days, in the form of the Standard Order set out in Schedule 3 of the Medical List Practice Note No PNCL-ML 1-2015.


18. Should the parties wish to exchange further medical and/or expert reports concerning damages or liability after the Mediation, such reports along with supporting documentation are to be exchanged:

a. in accordance with paragraphs 73 – 74 of the Medical List Practice Note PNCL-ML 1-2015; and

b. no later than 28 days before the trial date.

19. No later than 28 days before the trial date the plaintiff is to serve any final particulars of special damages, loss of earnings and loss of earning capacity.



22. Costs reserved

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Application seeking an extension of time within which to commence a proceeding (where a defence raises the Limitations of Actions Act 1958)

1. By 4.00 pm on any Summons by the plaintiff for an extension of time within

which to commence a proceeding (the application), pursuant to the Limitation of Actions Act 1958 be issued.

2. That the limitation issue raised by the Defence of the defendant(s) (the issue) be tried by a Judge sitting alone on with a trial estimate of days.

3. By 4.00 pm on any affidavit by or on behalf of the plaintiff be sworn, filed and served on the defendant(s).

4. By 4.00 pm on any affidavit by or on behalf of the defendant(s) be sworn, filed and served on the plaintiff.

5. By 4.00 pm on any further affidavit by or on behalf of any party be sworn, filed and served on all other parties.

6. Subject to any Order of the Trial Judge, the trial of the application/issue be by affidavit.

7. Any party intending to cross examine the deponent of any opposing affidavit shall give notice in writing of such intention to the solicitor for the party on whose behalf the affidavit was filed not less than ten (10) clear days of the date of the hearing of the application.


Mediation Result Order

1. This matter was mediated by (Mediator) on (date) and was settled as the result of the Mediation.

2. The Directions Hearing of (date of post-mediation Directions Hearing) is:

*no longer required and should be vacated; or

*to be vacated and re-fixed for an Administrative Mention on (date) to allow time for the parties to finalise Orders dismissing the proceeding.

*Strikethrough as appropriate

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Common Law Division Family Property List Testator Family Maintenance Listing a Judicial Settlement Conference

1. By , the plaintiff must serve: a. the Originating Motion, and b. a copy of the text of this Order (including the Schedule)

by pre-paid post on the beneficiaries named in the Will of the deceased whose interests may be affected by the orders sought by the plaintiff.

2. A Judicial settlement conference will be held on at before a judge. The

conference will be held in open court although the parties may retire for private discussion during the conference. The plaintiff and the defendant must attend the conference. The purpose of the conference is to try and settle the dispute or, alternatively, to make orders setting the proceeding down for trial and determining the appropriate further interlocutory steps.

3. By 4.00pm on , the parties must file and exchange position statements on

which the parties intend to rely, setting out in brief summary the matters set out in paragraphs 47 – 52 of Practice Note PNCLD 2-2015 – Common Law Division – Family Property List.

4. Any position statement on which a party intends to rely is to be filed and served on

any beneficiary named in the Will of the deceased, by 4.00pm on .

5. Each of the beneficiaries named in the Will is permitted, but is not required, to: a. attend the judicial settlement conference; and b. file and exchange a position statement by 4.00pm on .

6. The parties shall co-operate in completing the interlocutory processes so that the

action is brought to trial as quickly as possible.

7. The parties must notify the Court in writing if the action settles. Such notification to occur as soon as possible after settlement.

8. The proceeding is listed for a subsequent Administrative Mention on , by which

time the parties are to advise the Court in writing whether they are ready to proceed and, if so, whether any orders are sought by consent on the papers for the listing of the proceeding for trial.

9. Failure to comply with the administrative mention by the date specified may result in

the proceeding being struck out without further notice.

10. Reserve liberty to the parties to apply to the Judge in charge of the Common Law Division, Family Property List for further directions upon giving reasonable notice to all other parties.

11. Reserve costs.

29

SCHEDULE Dear ... Estate of ............., deceased Proceeding No. CI- ..-........ in the County Court of Victoria We have been authorised by the Court to notify you that a proceeding has been commenced by Mr/Ms ............, who is the ....... son/daughter of the deceased, by which he/she is seeking provision out of the deceased’s estate. The proceeding is brought pursuant to Part IV of the Administration and Probate Act 1958. We are Mr/Ms ………’ solicitors. The proceeding was commenced against Mr/Ms …….., who is an executor named in the deceased’s Will and to whom probate of the Will has been granted by the Supreme Court of Victoria. If the Court accepts the plaintiff’s claim, the effect might be to reduce or extinguish your entitlement as a beneficiary under the deceased’s Will. To protect your interests, the Court ordered that you have leave to apply to be added as a defendant to the proceeding. Any such application must be made on reasonable notice to the Court and the parties to the proceeding. A copy of the Court’s Order made on ...... and other relevant documents are attached for your information. Court orders can be viewed online at the County Court website, via ‘Court Connect’. Copies of any of the documents referred to in the Order including the plaintiff’s affidavit and the deceased’s Will may be inspected by arrangement with the writer. If you wish to take advantage of your opportunity to apply to be added as a defendant to the proceeding, it is suggested that you seek advice from a solicitor as soon as possible and show this letter and the enclosed documents to the solicitor. The Court has authorised us to inform you that although legal costs incurred by a party to a proceeding of this type are usually allowed by the Court out of deceased’s estate, it is unlikely that more than one set of legal costs of separately represented parties with the same or a similar interest will be allowed. Yours faithfully

30

Testator Family Maintenance Setting Down for Trial After JSC

1. The proceeding is set down for trial on as a Cause before a Judge sitting alone (estimate sitting days). OR

2. The proceeding is fixed for trial at not before the circuit commencement date of , to be heard as a Cause (estimate days).

3. The setting down for Trial fee must be paid by the plaintiff by . In default, the

defendant may pay the fee within 21 days. Otherwise the hearing date will be vacated.


accompanied by an affidavit in support that provides an explanation of the need to vacate the trial to the Judge in Charge of the Common Law Division, Family Property List or, if the List Judge is unavailable, to the Common Law Division Judicial Registrar.

5. By , each party must issue any subpoenas under Order 42A.

6. Reserve liberty to apply to the Judge in charge of the Family Property List for further

directions upon reasonable notice to all other parties.

7. Reserve costs.

31

Testator Family Maintenance Listing Private Mediation and Trial

1. The proceeding is set down for trial on as a Cause before a Judge sitting alone (estimate days).

2. The plaintiff must pay the setting down for trial fee on or before . In default, the

defendant may pay the fee within a further 21 days. If the fee is not paid, the trial date is vacated.


accompanied by an affidavit in support that provides an explanation of the need to vacate the trial to the Judge in Charge of the Common Law Division, Family Property List or, if the List Judge is unavailable, to the Common Law Division Judicial Registrar.

4. By , the plaintiff must serve copies of:

a. the Originating Motion; and b. this Order including the Schedule thereto

by pre-paid post on the beneficiaries named in the Will of the deceased whose interests may be affected by the orders sought by the plaintiff, namely:

i. ii. iii.

5. The parties shall cooperate in completing the interlocutory processes so that the

proceeding is brought to trial as quickly as possible.

6. By 4:00pm on , any affidavit on which the plaintiff intends to rely is to be filed and served on the defendant/s, including any beneficiary joined as a defendant.

7. By 4:00pm on , any defendant must file and serve any affidavit upon which

they intend to rely on all other parties. Any affidavit by the defendant-executor should address the financial position of the estate and such other information in light of the allegations made by the plaintiff in his/her affidavit and must be updated not less than 10 days before the trial.

8. By 4:00pm on , any further affidavit on which the plaintiff intends to rely in reply

is to be filed and served on the defendant.

9. By , the parties must have otherwise completed the mediation of the dispute, and must comply with procedures referred to in paragraph 53 of Practice Note PNCLD 2-2015 - Common Law Division – Family Property List.

10. The parties must notify the Court in writing if the proceeding settles. Such notification

to occur as soon as possible after settlement.

11. By , each party must issue any subpoenas under Order 42A.

12. Reserve liberty to apply to the Judge in charge of the Family Property List for further directions upon reasonable notice to all other parties.

13. Reserve costs.

32

SCHEDULE

Dear.... Estate of ............., deceased Proceeding No. CI- ..-........ in the County Court of Victoria We have been authorised by the Court to notify you that a proceeding has been commenced by Mr/Ms ............, who is the .......son/daughter of the deceased, by which he/she is seeking provision out of the deceased’s estate. The proceeding is brought pursuant to Part IV of the Administration and Probate Act 1958. We are Mr/Ms …….’ solicitors. The proceeding was commenced against Mr/Ms ……., who is an executor named in the deceased’s Will and to whom probate of the Will has been granted by the Supreme Court of Victoria. If the Court accepts the plaintiff’s claim, the effect might be to reduce or extinguish your entitlement as a beneficiary under the deceased’s Will. To protect your interests, the Court ordered that you have leave to apply to be added as a defendant to the proceeding. Any such application must be made on reasonable notice to the Court and the parties to the proceeding. A copy of the Court’s Order made on ...... and other relevant documents are attached for your information. Court orders can be viewed online at the County Court website, via ‘Court Connect’. Copies of any of the documents referred to in the Order including the plaintiff’s affidavit and the deceased’s Will may be inspected by arrangement with the writer. If you wish to take advantage of your opportunity to apply to be added as a defendant to the proceeding, it is suggested that you seek advice from a solicitor as soon as possible and show this letter and the enclosed documents to the solicitor. The Court has authorised us to inform you that although legal costs incurred by a party to a proceeding of this type are usually allowed by the Court out of deceased’s estate, it is unlikely that more than one set of legal costs of separately represented parties with the same or a similar interest will be allowed. Yours faithfully

33

Family Property Joinder of Beneficiary

Upon the application of to be joined as a defendant to this proceeding it is ordered:

1. is joined as the defendant to this proceeding.

2. All documents prepared by the parties to this proceeding will henceforth have a

heading reflecting such a joinder.

3. By 4.00pm on the defendant is to file and serve a notice of appearance.

4. The defendant is to otherwise comply with paragraphs of the orders of Judge dated , and otherwise have liberty to apply as provided for in paragraph of the orders.

5. By 4.00pm on the defendant is to serve a copy of this order on each

other party to this proceeding.

6. Costs reserved.

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Common Law Division Defamation List Common Law Division Defamation List Jury Trial – Melbourne

1. The proceeding is set down for trial on as a Jury (estimate days).

OR

2. The trial listed for is vacated and the proceeding is refixed for trial on as a Jury (estimate days).



OR



accompanied by an affidavit in support that provides an explanation of the need to vacate the trial to the Judge in charge of the Defamation List or, if the List Judge is unavailable, to the Common Law Division Judicial Registrar.

6. By 4:00 pm on the is to pay the jury fee. In default, any other party may pay the fee within a further 14 days. If the fee is not paid, the trial will proceed as a cause.

OR








trial; c. any document which may assist or harm the case of either party; d. any document or class of documents which any other party reasonably



12. By 4:00 pm on , each party upon whom interrogatories have been served are

to file and serve sworn answers to interrogatories.

13. By 4:00 pm on :

35

a. the parties are to exchange any expert reports concerning damages or liability;



15. The plaintiff is to notify the Court in writing if the proceeding settles at or after mediation, such notification to occur as soon as possible after settlement.



a. the parties are to exchange any further expert reports concerning damages or liability, along with supporting documentation;

b. the plaintiff is to serve any final particulars of special damages, loss of earnings and loss of earning capacity.



19. Reserve liberty to apply to the Judge in charge of the Defamation List for further

directions upon reasonable notice to all other parties

20. Costs reserved.

36

Common Law Division Defamation List Jury Trial – Circuit

1. The proceeding is set down for trial at not before the circuit commencement date of , to be heard as a Jury (estimate days).

OR

2. The trial listed at not before the circuit commencement date of is vacated and refixed for trial not before the circuit commencement date of as a Jury (estimate days).


3. The proceeding will be set down for trial at , not before the first circuit commencement date of [following year], to be heard as a Jury (estimate

days).




OR


7. Any application to vacate the trial date, made within 28 days of the trial, must be accompanied by an affidavit in support that provides an explanation of the need to vacate the trial to the Judge in charge of the Defamation List or, if the List Judge is unavailable, to the Common Law Division Judicial Registrar.

8. By the is to pay the jury fee. In default, any other party may pay the fee

within a further 14 days. If the fee is not paid, the trial will proceed as a cause. OR









37

13. The parties have leave to serve Interrogatories for the examination of each other by

.

14. By 4:00 pm on , each party upon whom interrogatories have been served are to file and serve sworn answers to interrogatories.

15. By 4:00 pm on :

a. the parties are to exchange any expert reports concerning damages or liability;






a. the parties are to exchange any further expert reports concerning damages or liability, along with supporting documentation;

b. the plaintiff is to serve any final particulars of special damages, loss of earnings and loss of earning capacity.





22. Costs reserved.

38

Common Law Division Defamation List Cause Trial – Melbourne

1. The proceeding is set down for trial on as a Cause (estimate days). OR

2. The trial listed for is vacated and the proceeding is refixed for trial on as

a Cause (estimate days).

3. By the Plaintiff is to pay the setting down for trial fee. In default, the Defendant may pay the fee within a further 21 days. If the fee is not paid the trial date will be vacated.

OR



accompanied by an affidavit in support that provides an explanation of the need to vacate the trial to the Judge in charge of the Defamation List or, if the List Judge is unavailable, to the Common Law Division Judicial Registrar.











11. By 4:00 pm on : e. the parties are to exchange any expert reports concerning damages or

liability; f. the plaintiff is to serve particulars of special damage, loss of earnings and




39


15. No later than 28 days before the trial date: g. the parties are to exchange any further expert reports concerning damages or

liability, along with supporting documentation; h. the plaintiff is to serve any final particulars of special damages, loss of





18. Costs reserved.

40

Common Law Division Defamation List Cause Trial – Circuit

1. The proceeding is set down for trial at , not before the circuit commencement date of , to be heard as a Cause (estimate days).

OR

2. The trial listed at not before the circuit commencement date of is vacated and refixed for trial not before the circuit commencement date of as a Cause (estimate days).


3. The proceeding will be set down for trial at , not before the first circuit commencement date of [following year], to be heard as a Jury (estimate days).


5. Any application to vacate the trial date, made within 28 days of the trial, must be accompanied by an affidavit in support that provides an explanation of the need to vacate the trial to the Judge in charge of the Defamation List or, if the List Judge is unavailable, to the Common Law Division Judicial Registrar.




(including full inspection) of the following documents: i. each document referred to in the party’s pleadings or the particulars of the

pleadings; j. any document which may be produced by the party during evidence at the

trial; k. any document which may assist or harm the case of either party; l. any document or class of documents which any other party reasonably





11. By 4:00 pm on : m. the parties are to exchange any expert reports concerning damages or

liability; n. the plaintiff is to serve particulars of special damage, loss of earnings and



41




o. the parties are to exchange any further expert reports concerning damages or liability, along with supporting documentation;

p. the plaintiff is to serve any final particulars of special damages, loss of earnings and loss of earning capacity.





18. Costs reserved.

42

Subsequent Administrative Mention (SAM) Common Law Division General List SAM

1. The proceeding is listed for a subsequent Administrative Mention on , by which time the parties are to advise the Court in writing whether they are ready to proceed and if so whether any orders are sought by consent on the papers for the listing of the proceeding for trial.

2. Failure to comply with the Administrative Mention by the date specified may result in



4. Reserve costs.

OR

5. No Order as to costs.

Common Law Division Serious Injury List SAM





4. Reserve costs.

OR


Common Law Division Medical List SAM




3. Reserve liberty to the parties to apply to the Judge in charge of the Common Law Division Medical List for further directions upon giving reasonable notice to all other parties.

43

4. Reserve costs.

OR 5. No Order as to costs.

Common Law Division Family Property List SAM




3. Reserve liberty to the parties to apply to the Judge in charge of the Common Law Division Family Property List for further directions upon giving reasonable notice to all other parties.

4. Reserve costs.

OR


Listing/Vacating/Adjourning Directions Hearings/Summons List Directions Hearing

1. The proceeding is listed for a Directions Hearing on for .

44

Adjourn Directions Hearing 1. The Directions Hearing listed on is adjourned to .

Vacate Directions Hearing 1. The Directions Hearing listed for is vacated.

Adjourn Summons 1. The Summons listed for is adjourned to .

Extensions of time

Extension of time – General 1. The time for the to is extended to .

Extension of time to pay the setting down fee 1. The time for the plaintiff to pay the setting down fee is extended to .

Extension of time for dismissal notice 1. This proceeding is reinstated.

2. Pursuant to Order 34A.15(2) County Court Civil Procedure Rules 2008 this

proceeding shall stand dismissed as against any defendant at the expiration of three months from the date of this order, if at that time—

(a) that defendant has not filed an appearance; and (b) judgment has not been entered or given against that defendant.

Extension of time all orders Common Law Division The Orders made by His/Her Honour Judge are varied as follows:

1. The trial listed for is confirmed.

45

2. The time for the parties to have leave to serve any Notice for Discovery on each other is extended to .

3. The time for the to make discovery (including full inspection) of the following

documents: a. each document referred to in the party’s pleadings or the particulars of the



requests the party to discover. is extended to .

4. The time for the parties to serve Interrogatories for the examination of each other is

extended to .

5. The time for

a. the parties to exchange any medical and/or expert reports concerning damages and liability;

b. the Plaintiff to serve particulars of special damage, loss of earnings and loss of earning capacity.

is extended to .

6. The time for parties to mediate the dispute is extended to .

7. The time for any subpoena under Order 42A is to be issued is extended to . 8. The Orders of dated are otherwise confirmed.

Pleadings Addition of Defendant/s

1. The Plaintiff has leave to amend the Writ and Statement of Claim by adding as Defendant/s to this proceeding.

46

2. By the Plaintiff is to file and serve an amended Writ and Statement of Claim, together with a copy of this order on all other parties to this proceeding.

Substitution of Parties 1. The Plaintiff has leave to amend the Writ and Statement of Claim by substituting

for as to this proceeding.

2. By the Plaintiff is to file and serve an amended Writ and Statement of Claim, together with a copy of this order on all other parties to this proceeding.

3. As of the date of this Order, ceases to be a party to this proceeding.

Amend Description of Defendant 1. The Plaintiff has leave to amend the description of the defendant from

to .

2. By the Plaintiff is to file and serve an Amended Writ and Statement of Claim.

Joinder of Third Party 1. The defendant has leave to join as a Third Party to this proceeding.

2. By , the defendant is to file and serve third party notice/s together with

a copy of this Order on .

Application to join another party 1. By , any application by to join as to this proceeding is to

be made by to the Judge in Charge of the Division.

Amend the Writ and Statement of Claim 1. By , the Plaintiff is to file and serve an amended Writ and Statement of Claim,

together with a copy of this order on all other parties to this proceeding.

Amend the Statement of Claim 1. By , the Plaintiff is to file and serve an amended Statement of Claim, together

with a copy of this order on all other parties to this proceeding.

2. By the Defendant is to file and serve a Defence to the amended Statement of Claim.

Defence and Counterclaim 1. By , the Defendant is to file and serve a Defence and any Counterclaim.

Defence to Counterclaim 1. By , the Plaintiff is to file and serve a Defence to Counterclaim.

Reply 1. By the Plaintiff is to file and serve any Reply.

Reply and Defence to Counterclaim 1. By the Plaintiff is to file and serve any Reply and Defence to Counterclaim.

Defence 1. By , the Defendant is to file and serve a Defence.

47

Further and Better Particulars Furthers and betters

1. By 4:00pm on , the parties must deliver any request for further and better particulars of a pleading. Any request must be answered within 30 days.

File and serve FBP 1. By the is to file and serve a request for further and better particulars of

the .

2. By the is to file and serve further and better particulars of pursuant to any such request.

File and serve FBP pursuant to a Request 1. By the is to file and serve further and better particulars of the

pursuant to the request dated .

Discovery Discovery – General


2. By the party served with a Notice for Discovery must make discovery (including full inspection) of the following documents:

a. each document referred to in the party’s pleadings or the particulars of the pleadings;

b. any document which may be produced by the party during evidence at the trial;

c. any document which may harm the party’s case; d. any document or class of documents which any other party reasonably


Discovery to a specific party 1. By the served with a Notice for Discovery must make discovery to the





Make Discovery 1. By 4:00pm on , each party must make discovery (including full inspection) of

the following documents: a. each document referred to in the party’s pleadings or the particulars of the


trial; c. any document which may harm the party’s case;

48

d. any document or class of documents which any other party reasonably requests the party to discover.

Interrogatories General Order for all parties


Answers to Interrogatories 1. By the parties are to serve Answers to Interrogatories.

Mediation General Mediation Order


2. The Plaintiff is to notify the Court in writing if the proceeding settles at or after mediation, such notification to occur as soon as possible after settlement.

Mediation Order including ‘those with ultimate responsibility’ to attend


2. The persons who have the ultimate responsibility and authority for deciding whether to settle the dispute and the terms of any settlement and the lawyers who have the ultimate responsibility to advise the parties in relation to the dispute and its settlement must attend the Mediation.



Referral to Mediator 1. The proceedings are referred to as Mediator.

2. By the mediation is to be held.

3. The Mediator is to within 7 days from the date of mediation complete the “Notice of

Mediation Result” and file it with the Court.

Subpoenas General subpoena order

1. By any subpoena to be issued under Order 42A be issued.

Inspection of Subpoenas 1. The parties are allowed to inspect and photocopy documents, the subject of the

subpoenas of dated .

49

Objection related orders

1. By 4pm on ____ / ____ / _____ the plaintiff / defendant have leave to view and copy the subpoenaed records of ________________________ and file any objection.

2. If no objection is filed by __ / __ / __ the defendant / plaintiff is permitted to inspect

and photocopy the subpoenaed records referred to in paragraph 1. OR The documents of _______________________ which are the subject of the objections hearing, be placed in a sealed envelope by __________________________(addressee / solicitor) on or before the __ / __ / __ . OR The documents of _______________________ which are the subject of the objections hearing, be redacted by _____________________________(addressee / solicitor) and be given to the subpoena manager on or before __ / __ / __ who will seal the original material produced to the court and make the redacted material available to the parties for inspection/copying.

Trial dates List a Trial Date - Melbourne

1. The proceeding is set down for trial on as a (estimate days).

List a Trial Date – Circuit 1. The proceeding is to be fixed for trial at not before the circuit commencement

date of , to be heard as a (estimate days).

50

First Circuit next year 1. The proceeding will be set down for trial at , not before the first circuit

commencement date of 2017, to be heard as a (estimate days).

2. By 12.10.2016, the parties will be advised by the Registrar at of the date of the first circuit commencement date of 2017.

Confirm a Trial Date 1. The trial listed for is confirmed.

Vacate a Trial Date – Melbourne 1. The trial listed for hearing on is vacated.

Vacate a Trial Date – Circuit 1. The trial listed at not before the circuit commencement date of is

vacated.

Vacate a Trial Date & Refix - Melbourne 1. The trial listed for is vacated and the proceeding is refixed for trial on as

a (estimate day/s).

Vacate a Trial Date & Refix – Circuit 1. The trial listed at not before the circuit commencement date of is

vacated and refixed for trial not before the circuit commencement date of as a (estimate day/s).

Reinstate Proceeding

1. The trial date for this proceeding is reinstated on as a (estimate days)

2. My Order dated be otherwise confirmed.

Payment of Fees Setting down for trial fee - payment

1. By the Plaintiff is to pay the setting down for trial fee. In default, the Defendant may pay the fee within a further 21 days. If the fee is not paid, the trial date will be vacated.

Setting down for trial fee – to stand 1. The setting down for trial fee has been paid in this proceeding.

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Jury Fee – payment 1. By 4:00 pm on the is to pay the jury fee. In default, any other party may

pay the fee within a further 14 days. If the fee is not paid, the trial will proceed as a cause.

Jury Fee – to stand 1. The first day’s jury fee is to stand as paid in this proceeding.

Transfer between lists 1. The proceeding is transferred to the List of the Division.

Proceedings to be listed together 1. The trial of this proceeding is to be listed together with proceeding number

subject to any Order to the contrary by the Trial Judge.

Consolidation order example Proceeding A

1. This proceeding is consolidated with proceeding No. CI-BB-BBBBB.

52

2. The pleadings/documents served in proceeding no CI- CI-BB-BBBBB stand as the

pleadings/documents filed and served in proceeding no CI-AA-AAAAA. The parties in proceeding no CI-BB-BBBBB stand as parties in proceeding no CI- AA-AAAAA. Proceeding B

1. This proceeding is consolidated with proceeding No. CI-AA-AAAAA.

2. This proceeding is otherwise struck out.

Liberty to apply 1. Liberty to apply to the Judge in Charge of the Division for further directions upon

reasonable notice to all other parties. OR


Service of Order on another party 1. By the is to serve a copy of this order on .

Service of Order on another party by post 1. The is to serve a copy of this order by pre-paid post on at by

.

Litigation Guardian

Any Application to appoint Litigation Guardian

1. Any application by the Plaintiff to have a Litigation Guardian appointed to act on the Plaintiff's behalf be made on or before .

53

Appointing Litigation Guardian

1. is appointed as Litigation Guardian of the Plaintiff who is a person under disability.

2. The Plaintiff is to amend the Originating Motion /Writ and Statement of Claim by

amending the description of the Plaintiff/Defendant from to (a person under disability who sues by his Litigation Guardian) by (date).

Removal of Litigation Guardian

1. The Plaintiff has leave to remove [name of Litigation Guardian] as Litigation Guardian of [name of person under Litigation Guardianship] in this proceeding.

2. The Plaintiff has leave to amend the Writ and Statement of Claim by removing [name

of Litigation Guardian] as Litigation Guardian of [name of person under Litigation Guardianship].

3. By the Plaintiff is to file and serve the Amended Statement of Claim and

Amended Writ, together with a copy of this order, on all other parties to this proceeding.

4. No order as to costs.

Finalisation of Proceedings Struck out

1. The proceeding is struck out.

Struck out with right of reinstatement 1. The proceeding is struck out with a right of reinstatement.

Struck out with specific right of reinstatement 1. The proceeding is struck out with a right of reinstatement to the .

Dismissed 1. The proceeding is dismissed.

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