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Where am I now? Lawlink > District Court of NSW > About Us > Standard Directions - Show Cause Hearings
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Standard Directions - Show Cause Hearings
NOTICE - CML SHOW CAUSE HEARINGS
This matter has been listed for a directions hearing:
- For the plaintiff to show cause why the action should not be dismissed for want of prosecution
- For the defendant to show cause why the defence should not be struck out and/or any cross claim dismissed for want of prosecution.
All parties are reminded that this is now a very serious matter.
The Court makes the following orders, which must be strictly complied with.
1. At least 5 days before the directions hearing, the legal practitioner for the party in default (or the party, if self-represented) must file and serve an affidavit setting out the reasons why he or she has not complied with the timetable and/or Practice Note DC 1 You must file this affidavit even if you are ready to take a hearing date at the directions hearing.
Please note
a) The solicitor for a plaintiff in default must satisfy the Court that the action was not commenced in contravention of Practice Note DC 1
b) It may be necessary to annex medical evidence to the affidavit
c) Your attention is drawn to clauses 1.4 of Practice Note DC 1 and to the reference to special circumstances.
2. Where a legal practitioner is on record for a party, a practitioner familiar with the action must represent that party at the directions hearing and have instructions sufficient to assist the Court to make all appropriate orders and directions. It is essential that the party asked to show cause be so represented and it is inappropriate for that practitioner to ask the representative of another party to mention his or her appearance.
3. Any party who wishes the Court to consider any submissions supporting dismissal must put those submissions in writing, file and serve them at least 5 days before the directions hearing.
4. Except in special circumstances, the Court will not accept or consider any affidavit or submissions it has not received before the directions hearing.
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