sec.41Directions orders

sec.41 Directions orders

The court, commission or registrar may make an order (a directions order ) about the conduct of a proceeding on the application of a party or on the initiative of the court, commission or registrar. A directions order may, for example, relate to the following— the parties who are to be served with applications, related material or other documents; requiring evidence of the service; another matter relating to service of an application; scheduling of conferences, mediation conferences, preliminary hearings and hearings before the court, commission or registrar; requiring further and better particulars of an application; requiring the applicant to file and serve all material to be relied on in support of the application by affidavit or another form; requiring a party to respond to a notice to admit facts or documents; requiring the respondent to file and serve material in reply; requiring the applicant to file and serve material in reply; requiring the parties— to confer to agree on matters that can be agreed on; and to identify points in issue; and to report back to the court, commission or registrar; requiring the parties to file— a written outline of submissions; or submissions about the subject matter of the application; requiring— evidence to be given by affidavit; or statements to be filed and served, in affidavit form, of the primary evidence of a witness; requiring— the identification of the provisions of relevant legislation or industrial instruments; and a list of cases to be relied on to be provided; requiring submissions in writing to justify the necessity to carry out inspections or hearings at other locations; requiring disclosure of documents; requiring inspection of documents. An application for a directions order about a matter mentioned in subrule (2) (b) to (p) must be in the approved form unless the application was made in a document starting a proceeding. A draft of the directions order sought must be filed with the application. (sec.41-ssec.1) The court, commission or registrar may make an order (a directions order ) about the conduct of a proceeding on the application of a party or on the initiative of the court, commission or registrar. (sec.41-ssec.2) A directions order may, for example, relate to the following— the parties who are to be served with applications, related material or other documents; requiring evidence of the service; another matter relating to service of an application; scheduling of conferences, mediation conferences, preliminary hearings and hearings before the court, commission or registrar; requiring further and better particulars of an application; requiring the applicant to file and serve all material to be relied on in support of the application by affidavit or another form; requiring a party to respond to a notice to admit facts or documents; requiring the respondent to file and serve material in reply; requiring the applicant to file and serve material in reply; requiring the parties— to confer to agree on matters that can be agreed on; and to identify points in issue; and to report back to the court, commission or registrar; requiring the parties to file— a written outline of submissions; or submissions about the subject matter of the application; requiring— evidence to be given by affidavit; or statements to be filed and served, in affidavit form, of the primary evidence of a witness; requiring— the identification of the provisions of relevant legislation or industrial instruments; and a list of cases to be relied on to be provided; requiring submissions in writing to justify the necessity to carry out inspections or hearings at other locations; requiring disclosure of documents; requiring inspection of documents. (sec.41-ssec.3) An application for a directions order about a matter mentioned in subrule (2) (b) to (p) must be in the approved form unless the application was made in a document starting a proceeding. (sec.41-ssec.4) A draft of the directions order sought must be filed with the application.