Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 48.06

Categorising proceedings

    (1)     The purposes of the initial directions hearing include the following:

        (a)     to determine whether the proceeding is still current or has been settled or is to be discontinued;

        (b)     if the originating process has not been served – to make appropriate orders (if necessary) to enable or require (whether or not the plaintiff consents) prompt service of the originating process to take place;

        (c)     if the originating process has been served but no appearance has been entered – to facilitate (where appropriate) the entry of an interlocutory or final judgment in the proceeding in accordance with these Rules;

        (d)     if the originating process has been served and an appearance has been entered:

            (i)     to determine which of the categories specified in subrule (2) it is appropriate to designate the proceedings; and

            (ii)     to consider and, as necessary, make orders in accordance subrules (4) and (5).

    (2)     At the initial directions hearing, an Associate Judge must designate the proceeding to be in one of the following categories:

        (a)     if the hearing time is likely to be 1 to 2 days – Category A;

        (b)     if the proceeding is an ordinary matter requiring the supervision of an Associate Judge – Category B;

        (c)     if the proceeding is a complex matter requiring the supervision of a Judge – Category C;

        (d)     if the proceeding is an urgent matter requiring the supervision of a Judge – Category D;

        (e)     if the proceeding involves local witnesses only or no witnesses and, when ready for trial, is likely to be capable of being brought on for trial on less than 2 days' notice – Category E.

    (3)     The category to which a proceeding belongs may be altered by a Judge or an Associate Judge if there is a good reason for doing so.

    (4)     At the initial directions hearing, the Associate Judge must:

        (a)     consider whether it is appropriate to refer the matter to mediation in accordance with this Order and, if so, make the appropriate orders;

        (b)     consider whether it is appropriate to refer the matter to a settlement conference in accordance with this Order and, if so, make the appropriate orders; and

        (c)     if it is appropriate, fix a target date by which the matter is to be ready for trial and fix a timetable for the completion of all interlocutory steps so that the matter will be ready for trial by that date.

    (5)     At the initial directions hearing, the Associate Judge may:

        (a)     make the orders and give the directions under these Rules the Associate Judge thinks fit;

        (b)     refer the making of an order or the giving of a direction to a Judge;

        (c)     adjourn the initial direction hearing and fix a time, date and place for the adjourned hearing; or

        (d)     convene a further directions hearing and fix a time, date and place for the further hearing.



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