Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 1401

Directions generally

    (1)     The court may, at any stage of a proceeding, give any direction about the conduct of the proceeding it considers appropriate, even though the direction may be inconsistent with another provision of these rules.

    (2)     The court may give a direction about the conduct of the proceeding on application by a party or on its own initiative.

Note     Pt 6.2 (Applications in proceedings) applies to an application for directions.

    (3)     In deciding whether to give a direction under this rule, the interests of justice are paramount.

    (4)     Without limiting subrule (1), the court may, at any time, do any of the following in relation to a hearing of a proceeding:

        (a)     require copies of pleadings for use by the court before the hearing;

        (b)     require the parties to define, in writing, the issues for decision by the court;

        (c)     set a timetable for the conduct of the hearing or any steps in the proceeding;

        (d)     limit the time to be taken by the hearing;

        (e)     limit the time to be taken by a party in presenting the party's case;

        (f)     require Scott schedules to be filed;

        (g)     require evidence to be given by affidavit, orally or in some other form;

        (h)     require the service or exchange of expert reports and the holding of conferences of experts;

              (i)     limit the number of witnesses (including expert witnesses) a party may call on a particular issue;

        (j)     limit the time to be taken in examining, cross-examining or re-examining a witness;

        (k)     require the use of telephone or video conference facilities, videotapes, film projection, computer and other equipment and technology;

        (l)     require submissions to be made in the way the court directs, for example, in writing, orally, or by a combination of written and oral submission;

        (m)     limit the time to be taken in making an oral submission;

        (n)     limit the length of a written submission or affidavit;

        (o)     require the parties, before the hearing, to provide statements of witnesses the parties intend to call;

        (p)     refer the proceeding to another judicial officer for further directions;

        (q)     order that a counterclaim be heard separately from the hearing for the proceeding in which the counterclaim is made;

        (r)     order that the issues between the defendant who included a third party and the third party be heard separately from the issues between the plaintiff and the defendant;

        (s)     give directions about the order of evidence and addresses and the conduct of the trial generally;

        (t)     give any other direction the court considers appropriate.

    (5)     In addition to the principle mentioned in subrule (3), in deciding whether to give a direction of a kind mentioned in subrule (4), the court may have regard to the following matters:

        (a)     that each party is entitled to a fair hearing;

        (b)     that the time allowed for taking a step in the proceeding or for the hearing must be reasonable;

        (c)     the complexity or simplicity of the case;

        (d)     the importance of the issues and the case as a whole;

        (e)     the volume and character of the evidence to be led;

        (f)     the time expected to be taken by the hearing;

        (g)     the number of witnesses to be called by the parties;

        (h)     that each party must be given a reasonable opportunity to lead evidence and cross-examine witnesses;

              (i)     the state of the court lists;

        (j)     any other relevant matter.

    (6)     If a direction under this rule is inconsistent with another provision of these rules, the direction prevails to the extent of the inconsistency.

    (7)     The court may at any time amend or revoke a direction made under this rule.

    (8)     The court may amend or revoke a direction made under this rule on application by a party or on its own initiative.

Note     Pt 6.2 (Applications in proceedings) applies to an application to amend or revoke a direction.

    (9)     The powers of the court under this rule are additional to any other powers of the court under a territory law.

Note     A territory law includes these rules (see href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act

, s 98).



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