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Practice Note No. 46

REPEALED - Equity Division


Date:
11/27/1987


    PRACTICE NOTE NO. 46
    EQUITY DIVISION

    SHORT NOTICE LIST AND PRE-TRIAL DIRECTIONS HEARING

    Short Notice List

    1. The Registrar now keeps a Short Notice List.

    2. If it is appropriate to fix a hearing date for a case and the Registrar is of the opinion that it is ready for hearing and that it will last one day or less, the Registrar shall place it on the Short Notice List, unless exceptional circumstances are shown.

    3. If it is appropriate to fix a hearing date for a case and the Registrar is of the opinion that it is ready for hearing and that it will last more than one day, the parties may request the Registrar to place the case on the Short Notice List.

    4. If, in relation to any case, a Readiness Hearing has been held but a hearing date has not been fixed, the Registrar may, with the consent of all parties, place it on the Short Notice List.

    5. Where a case is on the Short Notice List, the Court will give not less than three days oral notice of the day fixed
    for its hearing and the Court will expect it to be ready to proceed on that day.

    6. The Registrar may refer any matter arising under paragraph 2, 3 and 4 above to a Master.
      7. Paragraphs 1-6 do not apply to cases which are to be heard by a Master.


      Pre-Trial Directions Hearing

      8. Where it is appropriate to fix a hearing date for a case and the case is not placed on the Short Notice List, notice
      of a call-over before the Registrar will be given. If, on the call-over, the Registrar is of the opinion that the case appears to be ready for a hearing, he 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 or Master who is to hear the case.
      If, on the Pre-trial Directions Hearing, the Judge or Master is of the opinion that the case will not be ready by the provisional date fixed for its hearing, he will vacate the date and it will be given to another case.

      9. 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.

      General

      10. The following Practice Notes are rescinded:

      DateNumber
      30 June 19721
      October 19762
      30 June 19758
      12 July 197815
      31 March 198121
      5 November 198224
      3 March 198326




                                  Chief Justice

      27 November 1987


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