Court Procedures Rules 2006

On the return date for a judicial review application, the court may give any direction about the conduct of the proceeding it considers appropriate.

Without limiting subrule (1), the court may consider, and give directions in relation to, the following matters:

discovery and interrogatories;

inspection of property;

admissions of fact or documents;

defining the issues by pleadings or otherwise;

Pt 2.6 (Pleadings) applies to a proceeding started by an originating application only if the court orders the plaintiff to file and serve a statement of claim.

the standing of affidavits as pleadings;

including parties;

service of documents;

amendments;

the filing of affidavits.

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

Without limiting subrule (1), the court may—

order that an agreed bundle of documents be prepared by the parties; or

order the service or exchange of expert reports; or

order that a party serve a copy of the application on the Attorney-General; or

order that a party give notice of the application to the people, and in the way, the court directs; or

set a date for hearing; or

set a date after which the parties are directed to arrange with the registrar a date for hearing.

The court may at any time amend or revoke a direction or order made under this rule on application by a party or on its own initiative.

Pt 6.2 (Applications in proceedings) applies to an application to amend or revoke a direction or order.

The powers of the court under this rule are additional to any other powers of the court under a territory law.

A territory law includes these rules (see Legislation Act, s 98).