Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 16.08

Trial management hearing

             (1)  The purpose of the trial management hearing 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; and

                     (b)  in the ordinary course, to hear and determine any interlocutory issues or interim applications that are outstanding on the day of the trial management hearing, or to make appropriate arrangements for the determination of those applications; and

                     (c)  in a parenting case--to receive evidence, including from the family consultant in the case; and

                     (d)  in a financial case--to consider the balance sheet; and

                     (e)  to consider and determine a plan for the trial.

             (2)  If evidence is taken at the trial management hearing, the presiding Judge must preside at the trial.

Note:          Subrule (2) applies unless the court orders otherwise (see rule 1.12). If evidence is not taken at the trial management hearing, the presiding Judge will usually preside at the trial.



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