spacer image   Where am I now? Lawlink > Supreme Court > Practice and Procedure > Practice Notes > REPEALED - Common Law Division


spacer image
Practice Note No. 95

REPEALED - Common Law Division


Date:
08/28/1997








    PRACTICE NOTE No 95


    COMMON LAW DIVISION

    Differential Case Management

    The following changes are made to the procedure set out in Practice Note No 88.

    In proceedings in which a cross-defendant’s DCM document is filed after today’s date:

        (a) paragraph 4.1.5 of Appendix A to Practice Note No 88 shall have no application: and

        (b) the solicitor attending the Final Conference on behalf of the cross-defendant or, if such a solicitor does not attend, the cross-defendant, must be in a position at the commencement of the conference to inform the Court whether or not the cross-defendant is insured.

    In proceedings in which a plaintiff’s DCM document is filed after 30 September 1997, the statement required by paragraph 1.1.9 (a) of Appendix A to Practice Note No 88 shall state:
        (a) in the case of an action that includes a motor accident claim (as defined by the District Court Act 1973) - why the amount to be awarded to the plaintiff in the case, if successful, would be likely to exceed $1,000,000 and why the case involves complex legal issues or issues of general public importance; or

        (b) in any other case claiming damages in respect of personal injury or death - why the amount to be awarded to the plaintiff in the case, if successful, would be likely to exceed $750,000 or why there is other sufficient reason for trying the action in the Court (for example: that it is a test case, a matter of public interest, a claim for professional negligence or otherwise affecting the personal reputation of one or other of the parties); or

        (c) in any other case - why the amount to be awarded to the plaintiff in the case, if successful, would be likely to exceed $450,000 or why there is other sufficient reason for trying the action in the Court.

    Chief Justice

    28 August 1997



    spacer image


      Terms & Conditions   |   Accessibility   |   Privacy   |   Copyright & Disclaimer   |   Feedback   |   Sitemap   | Last Updated on 06/06/2007