Supreme Court Rules 2000

Unless a judge has already commenced a directions hearing, the Principal Registrar is to give notice to the parties of a directions hearing before a judge in the following cases:an action within rule 414(a), on the filing of a defence; an originating application within rule 414(a), on the first filing of an affidavit, other than an affidavit of service; a proceeding within rule 414(e), on the making of the request to the Principal Registrar.

The purpose of a directions hearing is to eliminate any lapse of time, from the commencement of a proceeding to its final determination, that is not reasonably required for – the fair and just determination of the outstanding issues between the parties; and the preparation of the case for trial.

A judge may make any order, as part of a directions hearing, to ensure that the proceeding is conducted and resolved justly and efficiently.

Without affecting the generality of subrule (3), the judge may, when making an order under that subrule, take into account any matters relevant to the proceeding, including the following matters:the most suitable manner in which to deal with the proceeding, in a way that is proportionate to – the amount of money involved; and the importance of the proceeding; and the complexity of the issues; and the financial position of each party; the most efficient manner in which to deal with the proceeding which will not prevent the fair and just resolution of the dispute; the allocation of court resources taking into account other demands imposed on those resources by other proceedings.

Without affecting the generality of subrule (3), an order made under that subrule may – be inconsistent with, or dispense with or vary, any provisions of the rules in their application to the proceeding; and require the filing and service of statements of contentions including the material facts, the relief claimed, the grounds for that relief and responses thereto; and limit the bringing of interlocutory applications to those certified by a practitioner, or determined by a judge, as having a reasoned likelihood that the determination of the application will be productive in the just and efficient overall disposition of the proceeding; and require a practitioner to certify whether or not he or she has issued detailed written advice to his or her client – reciting the facts as known at that point in time; and stating concisely the legal principles that apply; and identifying issues of fact that are in dispute or are likely to be in dispute; and identifying issues of law which are, or may be, controversial as to their application to the facts; and setting out the likely timetable for the conduct of the litigation; and stating the likely cost of the litigation; and providing a reasoned opinion as to the risks associated with the proceeding; and mentioning the non-litigious avenues for dispute resolution which are reasonably available to the client; and refer the proceeding, or a matter arising in the proceeding, to mediation; and impose, or dispense with, limitations on the procedures for interrogation and the discovery of documents; and require the filing and service of witness lists and statements; and impose a timetable which ensures that the proceeding will be ready to be heard as soon as possible; and require a practitioner to forewarn his or her opposing parties of any likely non-compliance with rules or orders; and appoint a trial date; and limit the number of expert witnesses at a trial; and require the trial of any issue of fact or law before any other issue of fact or law is dealt with.

A judge may – direct that a directions hearing be held by telephone, video link or other means; and give directions as to the manner in which such a hearing is to be conducted and the persons who are to attend it.

Subject to subrule (7), when a directions hearing has commenced every interlocutory application is to be made under it by letter to the Principal Registrar and the other party stating the order or direction sought.

Subrule (6) does not apply to the following types of application:for an injunction; for the appointment of a receiver; for judgment in default of defence under Division 2 of Part 11; for judgment under Division 3 or 4 of Part 11; to set aside any proceeding; to stay proceedings absolutely; to dismiss or discontinue an action; to transfer an action to an inferior court of civil jurisdiction; for the issue of a writ of attachment; for the committal of any person.

At a directions hearing – subject to paragraph (d), a party and the practitioner or counsel for a party are to give any information and produce any documents the judge reasonably directs; and the judge may authorise information to be given or a document to be produced by a party under paragraph (a) without it being disclosed to another party; and if a direction under paragraph (a) is not complied with, the judge may cause the facts to be recorded in an order and those facts may be relied on at trial for the making of a special order as to costs; and any thing that is privileged from disclosure is not required to be given or produced otherwise than with the consent of the person having the benefit of that privilege.

An affidavit is not to be used on a directions hearing, except by order of the Court or a judge.