District Court Rules 2005

Unless a registrar or a judge orders or directs otherwise, a party must attend a pre‑trial conference in person or, if the party is a body corporate, by an agent who is authorised by the body to conduct settlement negotiations and to settle the case.

If at a pre‑trial conference the presiding officer is satisfied that a party is not ready for trial, the officer may adjourn the conference and make, amend or cancel any direction or order referred to in rule 32(2).

At a pre‑trial conference the parties must, in good faith, attempt 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.

At a pre‑trial conference the presiding officer may either —

mediate between the parties; or

order the parties to attend before a mediator, arbitrator or other person who provides alternative dispute resolution services (but not, unless the parties consent, a person whom a party would become liable to remunerate),

The presiding officer need not act under subrule (4) if, pursuant to a case management direction, the parties have conferred with a mediator.

If the mediation referred to in subrule (4) or (4a) has not resulted in the settlement of the case, the presiding officer must either —

order the parties to attend a listing conference and make any orders under rule 42 that are needed; or

list the case for trial if satisfied about the matters in subrule (6).

The presiding officer must not list a case for trial under subrule (5) unless satisfied —

that the legal practitioners who will appear at trial for the parties have all been fully briefed and that all parties have been advised by their legal practitioners about their prospects at trial; and

that all parties have made reasonable efforts to agree on —

facts that are not the subject of real controversy;

the tender of any expert’s report without the need for the expert to be called;

that a reliable estimate has been made as to the probable length of the trial; and

that no useful purpose would be served by ordering the parties to attend a listing conference and making any order under rule 42.

At a pre‑trial conference the presiding officer may make orders as to costs including, if a case is settled, orders as to costs reserved and the costs of interrogatories.

The presiding officer may adjourn a pre‑trial conference from time to time.