County Court Common Law Division - New Practice Note
The Common Law Division of the County Court has today published a new Practice Note (PNCLD 3-2017).
There have been some notable additions and changes. The new Practice Note also incorporates the provisions of some older practice notes.
- Trial dates (sections 24 – 28): Applications to vacate a trial date made within 28 days of the hearing must be supported by affidavit, even where the application is by consent.
- Mediation (section 29): The new practice note incorporates the provisions of the old Mediation Practice Note (PNCLD 3-2016).
- Interlocutory applications and directions hearings (sections 33 - 34): The importance of an affidavit in support of a summons and/or in support of orders sought at a directions hearing, where appropriate, has been emphasised.
- Ceasing to Act: The new practice note incorporates the provisions of the old Ceasing to Act Practice Note (Feb-2016).
- eCourt Books (section 32): A Judge may request the provision of Court Books in electronic form. It is the expectation of the Court that the Common Law Division will have moved to exclusively electronic Court Books by the end of 2018. The new practice note describes how to prepare and file and eCourt Book.
- Use of Technology (sections 38 - 41): The Court has set out in some detail the procedure for testing and playing electronic evidence on DVD/CD.
- Facts and Issues statements (sections 49 – 50): Written Facts and Issues statements and Economic Loss statements no longer required in serious injury applications. A chronology should be provided in complex cases or those with a lengthy history.
- Transport accident serious injuries (section 52): The Court has directed that, save where otherwise ordered, all parties to serious injury applications under the Transport Accident Act are to undertake the pre-hearing alternative dispute resolution processes under the TAC Transport Accident Act Common Law Protocols – 1 July 2016.
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