Practice Note No. 43
REPEALED - Equity Division
From 1 February 1988 all applications for expedition and all expedited cases will be heard by two Judges assigned each year exclusively for this purpose.
One of the two Judges will sit each Friday to hear applications for expedition.
Applications for expedition must be made as soon as urgency arises. Delay in applying after a case became urgent may prejudice the grant of expedition. If proceedings are urgent when commenced, a notice of motion and supporting affidavit should be filed with the _originating process or the appearance. The affidavit should state the grounds for expedition and the issues which it is anticipated will arise. A return date before an expedition Judge should be sought from the registry.
There will no longer be any requirement that a case be ready for trial before an application is granted. It will be necessary to make out a substantial case for expedition. The progress of all cases expedited will be subject to directions by the Judge who will hear the trial. Directions will be given for purposes which include confining the issues to those really in dispute, discovery of documents and facts appropriate to the circumstances, simplifying proof of facts, and preventing surprise by giving adequate notice of the documentary and oral evidence to be relied upon. There must be strict compliance with directions given. The parties must be prepared to accept whatever hearing date is allotted.
The work of the Duty Judge will not be affected except that he will not hear applications for expedition. If an application for expedition is associated with a claim for interlocutary relief the Duty Judge will ordinarily refer the application for an expedition Judge.
The purpose of the change of procedure is to provide consistency in making orders for expedition, to attempt to shorten trials, provide reliable estimates of time required for trial, and promote settlements. Further, it is considered that, except in very special circumstances, the time of the remaining Judges of the Division should be reserved for other cases.
2 October 1987