PART 1 – PRACTICE DIRECTIONS Table of Practice Directions Chapter 1 – Registry Practice Direction 1.1 – Searching Court Files (Rule 18) 1-1 Direction 1.2 – Transacting Business through the Civil Registry 1-1 Direction 1.3 – Facsimile Copies of Affidavits (Rule 162) 1-1 Direction 1.4 – Recording Orders and Directions 1-1 Direction 1.5 – Form of Sealed Judgments and Orders (Rule 241) 1-2 Direction 1.6 – Suitors Fund (Rules 189-91) 1-3 Direction 1.7 – Form and Content of Documents Filed or Lodged at Court 1-5 Chapter 2 – Electronic Technology Direction 2.1 – Guidelines for the Use of Electronic Technology 2-1 Direction 2.2 – Electronic Filing of Documents Transitional 2-4 Chapter 3 – Interlocutory Procedures, Affidavits and Pleadings Direction 3.1 – Contents of Affidavits (Rule 162) 3-1 Direction 3.2 – Attendance on Interlocutory Hearings 3-2 Direction 3.2A – Adjournments by Consent of Applications, Status Hearings, Directions Hearings and Settlement Conferences before Masters 3-3 Direction 3.3 – Status Hearings (Rule 125) 3-3 Direction 3.3A – Litigation Plans 3-4 Direction 3.4 – Settlement Conferences (Rule 126) 3-4 Direction 3.5 – Further Directions Hearings After Failed Settlement Conferences (Rule 130) 3-5 Direction 3.6 – Interlocutory Applications (Rules 129 and 131) 3-5 Direction 3.7 – Listing Conferences 3-5 Direction 3.8 – Trial Books (Rule 121) 3-6 Direction 3.9 – Electronic Interlocutory Applications (Rule 132(2)) 3-6 Direction 3.10 - Tele-conferences (Rules 133 and 134 and the Definition of in Rule 4) 3-13 Direction 3.11 – Certificate Certifying a Pleading (Rule 98(1)(b)) 3-13 Direction 3.12 – Alternative Disclosure Regimes 3-13 Chapter 4 - Practice on Particular Types of Proceedings Direction 4.1 – Possession Proceedings Under Part 17 of the Real Property Act 1886 (Rule 204) 4-1 Direction 4.2 – Extension of Time for Removal of Caveats and Removal of Caveats Under the Real Property Act 1886. 4-1
Direction 12.2 12-1 Direction 12.3 12-1 Direction 12.4 – Criteria for Appointment 12-1 Direction 12.5 – Application 12-2 Direction 12.6 – Consultation 12-2 Direction 12.7 – Appointment 12-4 Direction 12.8 – Attire 12-4 Direction 12.9 – Title and Use of Post Nominals 12-4 Direction 12.10 – Undertaking 12-5 Direction 12.11 – Seniority 12-5 Direction 12.12 – Interstate Queen’s Counsel or Senior Counsel 12-5 Direction 12.13 – Revocation and Resignation 12-5 Direction 12.14 – Interpretation 12-6 Chapter 13 – Miscellaneous Direction 13.1 – Titles of Judges 13-1 Direction 13.2 – Titles of Masters 13-1 Direction 13.3 – Pre-Judgment Interest 13-1 Direction 13.4 – Trustees’ Remuneration 13-1 Chapter 14 – Approved Forms 14-1 History of Amendment H-1
Practice Direction 2.2 Annexure A 1 Terminology Expressions used in this Practice Direction have the same meanings as corresponding expressions used in the SCR. 2 Functional Principles The following functional principles, which have been adopted by the Council of the Courts Administration Authority (“CAA”), underpin and govern the ebusiness framework within which this Practice Direction is to operate: 2.1 The principles of the Electronic Transactions Act will be applied to the CAA e Business systems. 2.2 All Courts will use the same systems that have a common core and are functionally equivalent, but some variations will be necessary to accommodate local needs. 2.3 Electronic case files will comprise all written documents and other items presently included in paper case files, and also provide direct access to other relevant files. 2.4 Electronic case files will interface with other relevant electronic files maintained in the Courts, and with other automated official records, eg financial and statistical systems. 2.5 Case file items will be captured in electronic form at the earliest possible time. 2.6 Electronic case files that include the filing of pleadings and other documents in electronic form must also have the ability to capture file information for the Court for purposes such as effecting notice and service on the parties, verifying the timeliness of filing, and confirming receipt by the Court. 2.7 Electronic case files are to be designed to maintain the integrity of the Court’s files and ensure the effective control of the public record. 2.8 Electronic case files are to be designed to promote decreased reliance on paper copies, but should also continue to provide access to records in paper form. 2.9 Electronic case files are to be designed to accommodate local practices while satisfying the Judiciary’s more general information needs. 2.10 Systems will conform to basic requirements and industry standards and design, that emphasise ease of access, adaptability to change, reliability, and compatibility with alternative technological solutions and function needs. 2.11 Electronic case files are to provide enhanced user access to case file information.