Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FEDERAL COURT RULES 2011 - RULE 5.04

Making directions

             (1)  At any hearing, the Court may make directions for the management, conduct and hearing of a proceeding.

Note:          Direction is defined in the Dictionary.

             (2)  A party, or the party's lawyer, must attend any hearing for the proceeding.

             (3)  Without limiting subrule (1), the Court may make a direction mentioned in the following table.

 

Item

A direction in relation to ...

1

The defining of the issues by pleadings or otherwise

2

The proceeding continuing or becoming an expedited proceeding

3

The standing of affidavits as pleadings

4

The proceeding to continue on affidavits even though the originating application is supported by a statement of claim

5

The filing of affidavits

6

Amendments to an originating application and pleadings

7

The mode and sufficiency of service

8

The joinder of parties

9

The giving of particulars

10

Discovery and inspection of documents

11

Interrogatories

12

Admissions of fact or of documents

13

Inspection of real or personal property

14

The appointment of a court expert

15

The disclosure and exchange of reports of experts

16

The number of expert witnesses to be called

17

The parties jointly instructing an expert to provide a report of the expert's opinion in relation to a particular issue in the proceeding

18

Requiring experts who are to give or have given reports to meet for the purpose of identifying and addressing the issues in dispute between the experts

19

An expert's opinion to be received by way of submission, and the manner and form of that submission, whether or not the opinion would be admissible as evidence

20

The giving of evidence at the hearing, including whether the evidence in chief of witnesses is to be given orally or by affidavit or both

21

The filing and exchange of signed statements of evidence and outlines of evidence of intended witnesses and their use in evidence at the hearing

22

The number of witnesses to be called

23

The evidence of a particular fact or facts being given at the hearing:

(a) by statement on oath on information and belief; or

(b) by production of documents or entries in books; or

(c) by copies of documents or entries; or

(d) otherwise

24

The manner in which documentary evidence is to be presented at the hearing

25

The number of documents to be tendered

26

The providing and limiting of written submissions

27

The taking of evidence and receipt of submissions by video link, audio link, electronic communication or other means that the Court considers appropriate

28

The proportion in which the parties are to bear the costs (if any) of taking evidence or making submissions in accordance with a direction mentioned in item 27

29

The attendance by parties before a Registrar for a conference:

(a) to satisfy the Registrar that all reasonable steps for achieving a negotiated outcome of the proceeding have been taken; or

(b)           to clarify the real issues in dispute so that appropriate directions may be made:

(i) for the disposition of the matter; or

(ii) to shorten the time taken in preparation for, and at, the trial

30

The use of mediation, arbitration or an ADR process to assist in the conduct and resolution of all or part of the proceeding

31

Referring the proceeding, or a matter arising out of the proceeding, to an arbitrator, a mediator or a suitable person for resolution by an ADR process

32

The attendance by parties at a case management conference with a Judge or Registrar to consider the most economic and efficient means of bringing the proceeding to trial and of conducting the trial

33

The place, time and mode of hearing

34

The transfer of the proceeding to another place at which there is a Registry

35

Costs

Note 1:       If a proceeding is transferred under a direction mentioned in item 34 of the table, the Registrar at the place from which the proceeding is transferred will send all documents in the Registrar's custody relating to the proceeding to the Registrar at the place to which the proceeding is transferred.

Note 2:       A Registrar may exercise the power in this rule--see rule 3.01 and Schedule 2.

Note 3:       A party may seek directions as to the conduct of a hearing or trial--see rule 30.23.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback