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Practice Note No. 48

REPEALED - Probate Division


                  PRACTICE NOTE NO. 48
                    PROBATE DIVISION

    1.Where it is appropriate to fix a hearing date for a case, notice of a call-over before the Registrar in Equity will be given.
    If, on the call-over, the Registrar is of the opinion that the case appears to be ready for a hearing, the Registrar will fix,
    first, a provisional date for its hearing, and, secondly, a date about four weeks before that date for a Pre-trial Directions
    Hearing at 9.30 am before the Judge who is to hear the case.
    If, on the Pre-trial Directions Hearing, the Judge is of the opinion that the case will not be ready by the provisional date
    fixed for its hearing, the Judge will vacate the date and it will be given to another case.

    2. At the Pre-Trial Directions Hearing:
    (1) One of the counsel for each party who is to conduct the case should normally appear and either -(a) identify any matter which could affect the readiness of the case to proceed (for example, amendments, subpoenas, change of time estimates, etc.); or (b) assert that in his/her opinion, there are no such matters.
    (2) Directions may be given concerning such matters as objections to affidavits, statements of oral evidence to be led, experts' reports, preparation of documents for tender and statements of issues.

    3. Practice Note No. 27 dated 3 March 1983 is rescinded.

    Chief Justice
    22 February 1988

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