Date:

12/08/2003

Content :
The following caseflow management arrangements will commence in the Common Law Division on 2 February 2004.

1. Background
The Chief Judge at Common Law has approved new arrangements for the management of cases in the Common Law Division of this Court.

The main feature of the new arrangements is the daily scheduling of hearings, status conferences, & applications before a registrar at 9am. This will replace the existing arrangements where DCM Status Conferences were heard only on Tuesdays & Wednesdays, Administrative Law directions on Tuesdays, and Defamation and Possession List matters on alternate Fridays.

Professional Negligence List matters will continue to be heard on Wednesdays at staggered times.

The new arrangements will provide greater flexibility in the management of cases before the Court:

· Improve access to the Court;
· Improve case management outcomes; and
· Improve consistency in the application of case management principles.

2. The new arrangements

All Status Conferences in the DCM List, Directions Hearings in the Possession List, Defamation List & Administrative Law Lists will be held be at 9am Monday to Friday before the Assistant Registrar.

Matters in the Applications List will also be called over by the Assistant Registrar, before referral to either the Duty Judge or Duty Master.

Urgent matters will be taken first and referred to the Duty Judge, List Judge or Duty Master as required. Consent matters will be dealt with before the registrar calls over the remaining list. Parties will be strongly encouraged to discuss matters prior to the Directions Hearing, and have Short Minutes of Order available for handing up.

Where previous directions have not been complied with, parties will have to provide an explanation for the delay and must be able to satisfy the registrar that the matter will be able to progress normally.

The parties should consider whether the matter is suitable for mediation, and advise the presiding registrar accordingly. Parties will be reminded that the Court has trained registrar-mediators able to conduct mediations through the Court.

Matters will not be adjourned generally and in most instances will not be adjourned for lengthy periods of time.

Matters ready for hearing will continue to be listed for call-up before the Common Law Division List Judge.

3. Duty Judge Applications.

Applications returnable before the Duty Judge will be listed on Mondays at 9am. The List will be called over by the registrar, who will make consent orders and consider requests for adjournment. Where matters are expected to take more than half a day, the registrar will list the matter before the List Judge at the next Callup.

Matters that will take half a day or less to hear, and which are ready to proceed, will be referred by the registrar to the Duty Judge at 10am. At 10am, the Duty Judge will give an indication when the matter is likely to be heard during that week.

Existing arrangements for urgent applications to go directly to the Duty Judge will remain unchanged.

Urgent stays of execution for writs in the Possession List will continue to be dealt with in chambers by the Duty Registrar.

4. Progressive List

Matters in the Progressive List (ie. those matters listed for hearing which do not have a Judicial Officer allocated) will no longer be listed before a registrar. Instead, parties will be required to fax in details of their appearance to the List Clerk on the afternoon prior to the hearing date. These details will be used to contact parties when a Judge has been allocated. A sample form is available on www.lawlink.nsw.gov.au/sc or follow this link.

5. Matter with existing dates.
All matters currently listed will keep their current listing date. However, those matters not listed at 9am will be notified and relisted to 9am.

6. Matters ready for hearing.
Matters ready for hearing will continue to be listed for callup before the List Judge.