415Directions hearing

415 Directions hearing

(1)  Unless a judge has already commenced a directions hearing, the Principal Registrar is to give notice to the parties of a directions hearing before a judge in the following cases:

(a) an action within rule 414(a) , on the filing of a defence;

(b) an originating application within rule 414(a) , on the first filing of an affidavit, other than an affidavit of service;

(c) a proceeding within rule 414(e) , on the making of the request to the Principal Registrar.

(2)  [Rule 415 Subrule (2) substituted by S.R. 2011, No. 14, Applied:08 Apr 2011] The purpose of a directions hearing is to eliminate any lapse of time, from the commencement of a proceeding to its final determination, that is not reasonably required for –

(a) the fair and just determination of the outstanding issues between the parties; and

(b) the preparation of the case for trial.

(3)  [Rule 415 Subrule (3) amended by S.R. 2004, No. 56, Applied:21 Jul 2004] [Rule 415 Subrule (3) substituted by S.R. 2011, No. 14, Applied:08 Apr 2011] A judge may make any order, as part of a directions hearing, to ensure that the proceeding is conducted and resolved justly and efficiently.

(4)  [Rule 415 Subrule (4) substituted by S.R. 2011, No. 14, Applied:08 Apr 2011] Without affecting the generality of subrule (3) , the judge may, when making an order under that subrule, take into account any matters relevant to the proceeding, including the following matters:

(a) the most suitable manner in which to deal with the proceeding, in a way that is proportionate to –

(i) the amount of money involved; and

(ii) the importance of the proceeding; and