Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations (1) The first day of
trial will be conducted by the Judge who will:
(a) if evidence is
taken at the first day of trial — preside at the entire trial; and
(b) usually preside at
the entire trial even if evidence is not taken at the first day of trial.
(2) For these Rules,
the trial is taken to have started on the first day of trial, whether or not
any evidence is taken or submitted at the trial.
Note Subrules (1) and (2) apply unless the court orders
otherwise (see rule 1.12).
(3) The purpose of the
first day of trial is:
(a) for the presiding
Judge, with the assistance of the parties and their legal representatives, to
discuss and identify the orders sought and issues in dispute between the
parties arising from the applications before the court;
(b) in the ordinary
course, to hear and determine any interlocutory issues or interim applications
that are outstanding on the first day of trial, or to make appropriate
arrangements for the determination of those applications;
(c) in a
children’s case — to receive evidence, including from the
family consultant in the case;
(d) if this rule
applies because subrule 16.04 (2) applies — to consider the
balance sheet; and
(e) to consider and
determine a plan for the remainder of the trial.