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)](#GS414@Hpa@EN) , on the filing of a defence; > > > > > > > (b) an originating application within [rule 414(a)](#GS414@Hpa@EN) , on the first filing of an affidavit, other than an affidavit of service; > > > > > > > (c) a proceeding within [rule 414(e)](#GS414@Hpe@EN) , on the making of the request to the Principal Registrar. > > > (2)  [*\[Rule 415 Subrule (2) substituted by S.R. 2011, No. 14, Applied:08 Apr 2011\]*](/view/html/inforce/2011-04-08/sr-2011-014#GS5@EN) 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)  [*\[Rule 415 Subrule (3) amended by S.R. 2004, No. 56, Applied:21 Jul 2004\]*](/view/html/inforce/2004-07-21/sr-2004-056#GS17@EN) [*\[Rule 415 Subrule (3) substituted by S.R. 2011, No. 14, Applied:08 Apr 2011\]*](/view/html/inforce/2011-04-08/sr-2011-014#GS5@EN) 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)  [*\[Rule 415 Subrule (4) substituted by S.R. 2011, No. 14, Applied:08 Apr 2011\]*](/view/html/inforce/2011-04-08/sr-2011-014#GS5@EN) Without affecting the generality of [subrule (3)](#GS415@Gs3@EN) , 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 > > > > > > > > > > > (iii) the complexity of the issues; and > > > > > > > > > > > (iv) the financial position of each party; > > > > > > > (b) the most efficient manner in which to deal with the proceeding which will not prevent the fair and just resolution of the dispute; > > > > > > > (c) the allocation of court resources taking into account other demands imposed on those resources by other proceedings. > > > (4A)  [*\[Rule 415 Subrule (4A) inserted by S.R. 2011, No. 14, Applied:08 Apr 2011\]*](/view/html/inforce/2011-04-08/sr-2011-014#GS5@EN) Without affecting the generality of [subrule (3)](#GS415@Gs3@EN) , an order made under that subrule may – > > > > > > (a) be inconsistent with, or dispense with or vary, any provisions of the rules in their application to the proceeding; and > > > > > > > (b) require the filing and service of statements of contentions including the material facts, the relief claimed, the grounds for that relief and responses thereto; and > > > > > > > (c) limit the bringing of interlocutory applications to those certified by a practitioner, or determined by a judge, as having a reasoned likelihood that the determination of the application will be productive in the just and efficient overall disposition of the proceeding; and > > > > > > > (d) require a practitioner to certify whether or not he or she has issued detailed written advice to his or her client – > > > > > > > > > > (i) reciting the facts as known at that point in time; and > > > > > > > > > > > (ii) stating concisely the legal principles that apply; and > > > > > > > > > > > (iii) identifying issues of fact that are in dispute or are likely to be in dispute; and > > > > > > > > > > > (iv) identifying issues of law which are, or may be, controversial as to their application to the facts; and > > > > > > > > > > > (v) setting out the likely timetable for the conduct of the litigation; and > > > > > > > > > > > (vi) stating the likely cost of the litigation; and > > > > > > > > > > > (vii) providing a reasoned opinion as to the risks associated with the proceeding; and > > > > > > > > > > > (viii) mentioning the non-litigious avenues for dispute resolution which are reasonably available to the client; and > > > > > > > (e) refer the proceeding, or a matter arising in the proceeding, to mediation; and > > > > > > > (f) impose, or dispense with, limitations on the procedures for interrogation and the discovery of documents; and > > > > > > > (g) require the filing and service of witness lists and statements; and > > > > > > > (h) impose a timetable which ensures that the proceeding will be ready to be heard as soon as possible; and > > > > > > > (i) require a practitioner to forewarn his or her opposing parties of any likely non-compliance with rules or orders; and > > > > > > > (j) appoint a trial date; and > > > > > > > (k) limit the number of expert witnesses at a trial; and > > > > > > > (l) require the trial of any issue of fact or law before any other issue of fact or law is dealt with. > > > (5)  A judge may – > > > > > > (a) direct that a directions hearing be held by telephone, video link or other means; and > > > > > > > (b) give directions as to the manner in which such a hearing is to be conducted and the persons who are to attend it. > > > (6)  Subject to [subrule (7)](#GS415@Gs7@EN) , when a directions hearing has commenced every interlocutory application is to be made under it by letter to the Principal Registrar and the other party stating the order or direction sought. > > > (7)  [Subrule (6)](#GS415@Gs6@EN) does not apply to the following types of application: > > > > > > (a) for an injunction; > > > > > > > (b) for the appointment of a receiver; > > > > > > > (c) for judgment in default of defence under [Division 2](#HP11@HD2@EN) of [Part 11](#HP11@EN) ; > > > > > > > (d) for judgment under [Division 3](#HP11@HD3@EN) or [4](#HP11@HD4@EN) of [Part 11](#HP11@EN) ; > > > > > > > (e) to set aside any proceeding; > > > > > > > (f) to stay proceedings absolutely; > > > > > > > (g) to dismiss or discontinue an action; > > > > > > > (h) to transfer an action to an inferior court of civil jurisdiction; > > > > > > > (i) for the issue of a writ of attachment; > > > > > > > (j) for the committal of any person. > > > (8)  At a directions hearing – > > > > > > (a) [*\[Rule 415 Subrule (8) amended by S.R. 2008, No. 128, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/sr-2008-128#GS20@EN) subject to [paragraph (d)](#GS415@Gs8@Hpd@EN) , a party and the practitioner or counsel for a party are to give any information and produce any documents the judge reasonably directs; and > > > > > > > (b) the judge may authorise information to be given or a document to be produced by a party under [paragraph (a)](#GS415@Gs8@Hpa@EN) without it being disclosed to another party; and > > > > > > > (c) if a direction under [paragraph (a)](#GS415@Gs8@Hpa@EN) is not complied with, the judge may cause the facts to be recorded in an order and those facts may be relied on at trial for the making of a special order as to costs; and > > > > > > > (d) any thing that is privileged from disclosure is not required to be given or produced otherwise than with the consent of the person having the benefit of that privilege. > > > (9)  An affidavit is not to be used on a directions hearing, except by order of the Court or a judge.