Supreme Court Rules 2000

A judge may make any order which is appropriate, whether or not any party seeks the order.

Without limiting the generality of the powers conferred by subrule (1), a judge at a pre-trial conference – may deal with every application made by the parties under the certificate of readiness and, if the justice of the case so requires, any other application not referred to in the certificate; and may fix the period for compliance with any order made at the conference; and may fix the period for the delivery of any statement of expert evidence and for the production of any plan, photograph or device in which any sound, data or visual image is embodied; and may make any order as to modes of proof including proof of business records referred to in section 69 of the Evidence Act 2001; and may order that evidence of any specified fact be given at the trial – by statement on oath of information and belief; or by production of any document or entry in a book; or by a copy of any document or entry in a book; or if the fact is or was a matter of common knowledge, either generally or in a particular district, by the production of a specified newspaper which contains a statement of that fact; or in any other manner the Court or judge directs; and may order – that any issue of fact be tried before any other; or that a point of law be set down for hearing before trial; and is to endeavour to ensure that the parties make all admissions and agreements that ought reasonably be made; and is to record any admission or agreement so made and any refusal to make an admission or agreement; and may direct the parties to prepare any issue and settle it if the parties differ; and without directing the parties to prepare any issue, may settle the issue to be tried by way of substitution for, or addition to, any issue appearing in the pleadings; and may exercise all the powers of a judge on a directions hearing under rule 415 or 425.

Subject to subrule (7), a party and the practitioner or counsel for a party are to give any information and produce any document at a pre-trial conference that the judge reasonably requires to conduct the conference properly.

If it appears proper so to do in the circumstances, at a pre-trial conference a judge may authorise information to be given or a document to be produced by a party under subrule (3) without that information or document being disclosed to another party.

In the absence of an authorisation under subrule (4), any information given or document produced is to be given or produced to – every party present or represented at the conference; and the judge.

Subject to subrule (7), if a party or the practitioner or counsel for a party fails to give any information or produce a document when required by a judge, the judge may cause the facts to be recorded in the pre-trial order.

Any information or document that is privileged from disclosure is not required to be given or produced by a party or his or her practitioner or counsel otherwise than with the consent of that party.