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