eCallover Protocol
This information has been compiled to assist those users of the Court's eCallover facility (part of the range of electronic services within eCourt), and was last updated on 1 November 2010.
General Instructions
eCallover is generally only suitable for consent matters. If a party seeks to make an eCallover application without consulting the other side, the Registrar is unlikely to be in a position to consider that application. This scenario would be the same for other forms of callover (usually called directions hearing). However, if both parties have electronic access to a file, there is nothing preventing a party seeking orders that may not have the full consent of the other side. In this situation, as in actual callover, lengthy submissions may be required to be made by both parties. It may therefore be more appropriate for the Registrar to adjourn the eCallover to an actual or a telephone callover for this purpose;
Parties may mention appearances of other parties;
Parties may submit their eCallover applications prior to 2pm on the afternoon before the directions hearing. The Registrar will ensure a response to these applications by 9am on the day of the directions hearing and parties will not be required to organise an appearance on that date unless directed to do so by the Registrar;
Parties submitting eCallover applications after 2pm the afternoon before the directions hearing or prior to 9am on the day of the actual callover, will not be responded to by the Registrar prior to the directions hearing taking place. In this instance, parties will be required to register a directions hearing appearance as a non-appearance may result in orders being made in the absence of the missing party;
Matters must proceed to a future date (either callover, hearing or mediation/issues conference) as the Court does not stand matters over generally;
The Registrar may require attendance at an actual directions hearing at any time;
Parties should conduct themselves in eCallover in a manner equivalent to that in an actual courtroom.
Guidelines for eCallover
Future callover Date: Parties are to supply reasons for a further directions hearing adjournment. Parties may request either a further directions hearing in Sydney (Tue-Fri @ 9:30am before a Registrar or @ 9:15am before the List Judge on a Friday), via telephone (Mondays - time TBA by Court) or a further eCallover (Mon-Fri).
Hearing Dates:
- Parties should ensure they give an accurate time estimate for the hearing;
- Parties should list ALL available dates and confine their requests to the indicative range (published on a daily basis);
- Parties should indicate prior involvement of particular Judges or Commissioners to assist the Court allocation process;
- Hearing date requests may include those for On-Site Hearings and s 34 Conferences (usually commencing on-site @ 9.30am on the date of hearing);
- For short matters e.g. modification matters, part heard, please indicate if matter can be dealt with @ 9.30am in a 30 minute time slot.
List of Witnesses: Parties should indicate possible witnesses and their respective expertise or in the alternative attach (see below) a completed Hearing Information Form and/or a Court Appointed Expert Information Form.
Mediation or Issues Conferences:
- Court-organised mediation may take place at the Court premises or on-site (upon request) at a time to be allocated by the Registrar.
- Court Issues Conferences will convene at a time to be allocated by the Registrar at the Court premises.
Other issues:Parties may also wish to inform the Court of other issues or information concerning their matter e.g. the date of next Council meeting, prospect of settlement, readiness for hearing.
Attachments: Parties may wish to attach to their eCallover application any supporting documentation for callover purposes using the 'Upload Document' matter action e.g. Notice of Appearance, Statement of Basic Facts and Contentions, Hearing Information Form, Court Appointed Expert Information Sheet. Documentation filed electronically should be served in accordance with the relevant rules and regulations.
eCourt User Manual: Parties using the Court's eCallover facility are advised to read the relevant sections of the eCourt User Manual carefully before making any electronic application to the Court.
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