Court Procedures Rules 2006

This rule applies—

subject to any directions by the court about the order of evidence and addresses and the conduct of the trial generally; and

if there are more than 2 parties to the proceeding or a counterclaim in the proceeding—to the proceeding with necessary changes.

The court has a general power to make directions about the conduct of a proceeding (see r 1401 (Directions generally)).

If the plaintiff has the burden of proof on any issue, the plaintiff’s case is presented first.

If the defendant has the burden of proof on every issue, the defendant’s case is presented first.

The party whose case is presented first (the first party) may make an address opening the first party’s case and may then present evidence in support of the case.

If, during the presentation of the first party’s case, no document or thing is admitted in evidence or by tender by the other party, and the other party does not present any evidence in support of the other party’s case, the first party may make a closing address and the other party may then make a closing address.

If, during the presentation of the first party’s case, a document or thing is admitted in evidence or by tender by the other party, but the other party does not present any evidence in support of the other party’s case, the other party may make a closing address and the first party may then make a closing address.

If the other party presents evidence—

the other party may make an opening address and, after the other party’s evidence is presented, may make a closing address; and

after the other party has made a closing address, the first party may make a closing address.