LOCAL COURT RULES 2009 - REG 2.5
Conduct of pre-trial reviews
LOCAL COURT RULES 2009 - REG 2.5
Conduct of pre-trial reviews
2.5 Conduct of pre-trial reviews
(1) In any pre-trial review of proceedings, each of the parties to the
proceedings--
(a) must be in attendance at the review, either in person or by
a legal representative having authority to negotiate a settlement of the
proceedings, and
(b) must disclose the names of the witnesses who may provide
statements on which the party intends to rely at the trial and the nature of
any other documents on which the party intends to rely at the trial (to the
extent that such information is available at the time of the pre-trial
review).
(2) For the purposes of subrule (1)(a), a person who appears by
telephone, audio-visual link or any other means of electronic communication,
as referred to in rule 2.8, is taken to be in attendance.
(3) In the
pre-trial review, the parties to the proceedings may apply for any
interlocutory orders necessary for the preparation of the matter for trial.
(4) In the pre-trial review, the Court--
(a) must identify the matters in
dispute between the parties and attempt to bring the parties to a settlement
that is acceptable to them, and
(b) for that purpose, may require that the
parties seek mediation and may make such orders as it thinks fit, including
orders as to adjournment, so as to facilitate the mediation.
(6) If the Court
is unable to bring the parties to a settlement that is acceptable to them, the
Court is to list the proceedings for trial at an appropriate time and venue
and make case management orders in accordance with any relevant practice note.
However, the Court may refuse to list proceedings for trial if it is satisfied
that the parties have not made reasonable attempts to settle the matters in
dispute between them.
(7) If a party fails to attend the pre-trial review
after having been given notice in accordance with rule 2.4(2), the Court may
adjourn the review to another date and direct that, not less than 5 days
before that date, a further notice be given to the party in default advising--
(a) if the party in default is the plaintiff, that the party's claim may be
dismissed, either in whole or in part, or
(b) if the party in default is the
defendant, that the party's defence may be struck out, either in whole or in
part,
if the party fails to attend the adjourned review.
(8) If a party fails
to attend the adjourned review after having been given notice in accordance
with subrule (7), the Court may order--
(a) if the party in default is the
plaintiff, that the party's claim be dismissed, either in whole or in part, or
(b) if the party in default is the defendant, that the party's defence be
struck out, either in whole or in part,
