District Court Rules 2005

A case management direction is any procedural direction that in the Court’s opinion it is just to make in a case to facilitate the case being conducted and concluded efficiently, economically and expeditiously.

Without limiting subrule (1), a case management direction may —

dispense with all or any or any further pleadings;

direct that specified pleadings be filed;

dispense with any interlocutory proceedings;

as to the hearing of any interlocutory application —

direct the parties to confer in order to identify the issues between them and resolve as many as possible before the hearing and to identify the issues to be heard;

direct the parties to file and exchange memoranda before the hearing in order to identify the issues to be heard;

give directions as to the use of videotapes, films, computers and other technology at the hearing;

give directions for the speedier and more effective recording of evidence at the hearing;

direct some or all of the parties to confer on a “without prejudice” basis in order to settle the case or, failing settlement, to resolve as many of the issues between them as possible and to identify the issues to be tried and, as to the conference —

direct that it be conducted by a mediator; but not, unless the parties consent, a mediator who is not a registrar and whom a party would become liable to remunerate;

give directions for the purpose of rule 35(7);

if good cause is shown, direct that it operates as a stay of proceedings;

give any other directions that are necessary;

direct that experts, whose reports have been exchanged, confer on a “without prejudice” basis in order to identify the differences between them and to resolve as many as possible;

as to —

the hearing of any interlocutory application; or

any conference directed under paragraph (d)(i), (e) or (f),

direct that a party file and serve a concise statement of the issues of fact or law that the party contends will need to be determined at trial;

direct that a party file and serve a chronology of events relevant to the party’s case;

dispense with a requirement to file and serve a document under Part 4A, or alter the day on or by which a party must comply with such a requirement;

direct the mode by which particular facts may be proved at trial;

direct that evidence of any particular fact, to be specified in the direction, shall be given at the trial by statement on oath of information and belief, or by production of documents or entries in books or by copies of documents or entries or otherwise as the Court may direct;

direct a party to serve on the other parties, at such times as shall be directed, a signed written statement of the proposed evidence in chief of each witness to be called by that party;

direct that a signed written statement referred to in paragraph (j) or any part of it stand as the evidence in chief of the witness;

direct a legal practitioner for a party to give the party written notice of any or all of the legal costs and disbursements referred to in rule 36(1);

direct a party or the legal practitioner for a party to attend certain proceedings specified in the direction;

in special circumstances direct that an application by a party made under this Division operate as a stay of proceedings;

in exceptional circumstances or if not to do so would frustrate the appeal, direct that an appeal against a decision made under this Part operate as a stay of proceedings;

direct that an application for an adjournment of any proceeding be supported by affidavits of specified people;

give directions to assist the convenience of the parties or witnesses;

give directions as to the manner in which the parties shall defray the costs of giving effect to any case management direction;

direct that a specified case management direction be complied with by a set date.

A case management direction shall not order the attachment or committal of a person.

A case management direction is not enforceable by a writ of attachment or an order of committal.