Listing conference
43 Listing conference
A listing conference must be held before a registrar unless a registrar or a judge has ordered otherwise.
A listing conference must be attended by the legal practitioner who will appear at trial for a party or that person’s instructing legal practitioner.
Unless otherwise ordered, at least 2 clear days before a listing conference the legal practitioner who will appear at trial for a party must file a certificate as to —
the estimated length of the trial; and
the number of witnesses that the party intends to call; and
whether there are any special circumstances affecting the date or time when any particular witness can be called; and
whether any particular witness will be attending from a long distance or from outside the State; and
whether an interpreter will be needed; and
whether an audio link or a video link will be needed; and
whether the use of any technology would allow the trial to be conducted more efficiently, economically or expeditiously; and
whether there is any matter known to the legal practitioner that is likely to interfere with the trial being conducted efficiently, economically and expeditiously; and
the fact that the parties have made reasonable efforts to reach agreement on —
facts that are not the subject of real controversy; and
the tender of experts’ reports (if any) without the need for the experts to be called.
[(3a) deleted]
Unless otherwise ordered, at least 2 clear days before a listing conference the legal practitioner who will appear at trial for a party must file a certificate —
certifying that the legal practitioner has reviewed the pleadings and is satisfied that they adequately define all the issues of fact or law that the party contends will need to be determined at trial; or
if the legal practitioner is not satisfied as to the matter referred to in paragraph (a) — setting out the pleadings issues in respect of which the legal practitioner is not satisfied.
At a listing conference the presiding officer must list the case for trial only if any order or direction previously made has been complied with or, if not, if appropriate orders in default have been made.
At a listing 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 listing conference from time to time.
[Rule 43 amended: Gazette 31 Jul 2007 p. 3812; SL 2022/108 r. 6; SL 2023/209 r. 13.]
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