(4) Unless the Court otherwise directs, all interlocutory matters will proceed by way of directions hearings. (5) In the ordinary course, directions hearings will be brought on as frequently as necessary, commonly at 9.00 am. Regular directions hearings will not be expected to occupy more than 1 hour. 77—Conduct of directions hearings (1) Directions hearings will be conducted in accordance with rule 115 of the subject to the refinements in this supplementary rule or as directed by the Judge or Master. (2) The need to make an interlocutory application under rule 131 of the Rules will generally only arise if an order is sought against a non-party. Otherwise, parties should exchange a notice or suggested agenda (with a copy for the Judge’s or Master’s Personal Assistant) at least 2 clear business days before the date scheduled for a directions hearing, indicating what applications will be made and what orders will be sought, in each case specifying the FDN of documents to which reference will be made. (3) No affidavit is to be used on the hearing of an application for directions without the permission of the Court or in certain other limited circumstances. (4) On a directions hearing, the Court may inform itself on any matter without requiring formal proof. (5) If it is considered that an affidavit will assist the Court, the affidavit should be filed ahead of the directions hearing and before permission of the Court is granted. (6) The Court will ordinarily grant permission if— (a) use of the affidavit avoid unnecessary delay; (b) it is anticipated that will be a factual dispute; or (c) the Court would otherwise be assisted by an affidavit. 78—Subject matter of directions hearings At directions hearings, depending on the of pre-trial preparation, attention will be given to some or all of the following matters— (a) pleadings— (i) nature and extent; (ii) timetable; (iii) particulars; (iv) party proceedings; (b) disclosure of documents— (i) and mode; (ii) non-party disclosure; (iii) phases; (iv) timetable; trial
(2) Unless the Court otherwise directs or the parties otherwise agree, the parties are to comply with supplementary rules 163 to 168 for preparation of a joint tender book. 203—Electronic book (1) The parties are to prepare an electronic database for the electronic called the Electronic Trial Book. (2) All documents intended to be used at are to be hyperlinked to the referenced document and included in the Electronic Trial Book. (3) Unless the otherwise directs or the parties otherwise agree, the Electronic Trial Book is to include— (a) all court documents, including submissions or other documents not filed with the Court but provided to the trial judge; (b) all pleadings, including particulars; (c) the parties’ lay and expert evidence; (d) the joint tender book documents; (e) subpoenas issued in the proceeding; (f) any authorities relied upon; and (g) any documents or interlocutory materials that the parties agree or the Court directs be included. 204—Providing additional documents during electronic trial (1) A party is to obtain consent from all other parties to the matter before providing new documents to the Court in electronic form. (2) If a new document, not included in the Electronic Trial Book, is required for cross-examination of a witness or submission, the party requiring the document is to ensure that the document is provided to the electronic courtroom provider the evening or morning before the hearing commences to ensure that the document is readily accessible during the electronic trial and access to the document does not delay the orderly conduct of the trial. 205—Real time transcript (1) The parties are to advise the Court if real time transcript is required at the directions hearing in accordance with supplementary rule 201. (2) If the parties agree that real time transcript is to be provided, the costs of the transcript and any third party provider are to be paid by the parties and not the Court. Part 3—Issues involved in trial of action [no supplementary
Part 2—Court initiated proceedings for contempt—other cases 247—Summons for contempt A summons under rule 302 or 303 of the Rules is to be in form 55. Part 3—Contempt proceedings by to proceeding [no supplementary rules] Part 4—Hearing of charge of contempt [no supplementary rules] Chapter 15—Statutory proceedings Part 1—General principles 248—Application to Registrar An application to the Registrar under rule 308(2) of the Rules is to be in form 56. Part 2—Substantive proceedings under particular Acts Division 1—Aged and Infirm Persons’ Property Act 1940 249—Form of summons (1) An application under section 8 of the Aged and Infirm Persons’ Property Act 1940 (the Act) for a protection order under rule 310 of the Rules is to be made by summons— (a) if the application is made by the person whose property is sought to be protected—in form 5; (a) otherwise—in form 6 naming the person whose property is sought to be protected as a defendant. (2) When it is intended to seek an order restricting the testamentary capacity of the person whose property is sought to be protected or the circumstances indicate that such a course may be desirable, the summons should specifically ask for such an order. (3) Unless the Court otherwise directs, unless the application is made by the person whose property is sought to be protected, the summons and supporting affidavit are to be served on the person whose property is sought to be protected. Note— Section 8(2) of the Act requires the summons to be served on the person whose property is sought to be protected unless the Court in any special case otherwise directs.