Victorian Numbered Regulations Victorian Numbered Regulationsr. 4
For Order 3 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 [1] substitute —
In this Order—
"technology" includes—
(a) telecommunications equipment, devices, systems and networks;
(b) computers, computer modules, computer systems and networks and computer software;
(c) electrical circuits and circuit boards;
(d) machines or machinery;
(e) processing operations and facilities;
(f) any component, module, equipment, machine or system which is produced by the application of technology, mechanics or applied science;
"technology, engineering and construction case" and TEC case means any proceeding in relation to—
(a) the design or carrying out of TEC works;
(b) the supervision or inspection of the construction of TEC works;
(c) the performance by an architect, designer, engineer, quantity surveyor or other expert of any other services in relation to the design or construction or the supervision or inspection of TEC works;
(d) the manufacture or provision of any materials for inclusion in TEC works;
(e) the performance of anything produced, manufactured or constructed as a result of TEC works which involves or is likely to involve expert evidence of a technical nature;
(f) the sale or supply of anything produced, manufactured or constructed as a result of TEC works which involves or is likely to involve expert evidence of a technical nature—
but does not include any proceeding that includes a claim for personal injury;
"Technology, Engineering and Construction List", TEC List" or "List means a list of technology, engineering and construction cases compiled by the Prothonotary;
"TEC works" means technology, engineering or building construction works of any description whatsoever;
"the Judge" means the Judge in charge of the TEC List.
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(1) A Judge nominated by the Chief Justice shall be in charge of the TEC List and shall have control of the proceedings in the List.
(2) Subject to any directions of the Judge and to paragraphs (3) and (4), the powers of the Court in relation to a proceeding in the List shall be exercised only by the Judge.
(3) The powers of the Judge in relation to a proceeding in the List may be exercised by another Judge—
(a) if the Judge so requests; or
(b) if in special circumstances that other Judge thinks fit to exercise them.
(4) Subject to Rule 1.11, an Associate Judge may exercise the powers of the Court in relation to a proceeding in the List on a reference by or by leave of the Judge.
(1) At the option of the plaintiff, the originating process in a TEC case may be marked in the top left-hand corner with the words "TEC List" and upon the filing of an originating process so marked, the proceeding shall be entered in the List.
(2) Any party in a TEC case in which the originating process has not been marked in accordance with paragraph (1) may, within 14 days after appearance, apply to the Judge for an order entering the case in the List, and the Judge shall make an order entering the proceeding in the List unless satisfied that there are good reasons for not making such an order.
(3) By leave of the Judge, a proceeding may be entered in the TEC List upon a reference from another Judge or an Associate Judge.
(4) On 19 June 2009, all proceedings which have been entered in the Building Cases List are entered in the TEC List.
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(1) In a proceeding in the TEC List the plaintiff, within 7 days after the first appearance in the proceeding, shall apply to the Judge for directions.
(2) If the plaintiff fails to apply for directions in accordance with paragraph (1), a defendant, within 7 days after the expiration of the time referred to in paragraph (1), may apply to the Judge for directions.
(3) Upon the hearing or further hearing of a summons for directions or when hearing an application under Rule 3.03(2), the Judge may give such directions as the Judge thinks conducive to the effective, complete, prompt and economical determination of the proceeding.
(1) The Judge, at any stage of a proceeding in the TEC List, may by direction limit—
(a) the time to be taken in examining, cross-examining or re-examining a witness;
(b) the number of witnesses (including expert witnesses) that a party may call;
(c) the time to be taken in making any oral submissions;
(d) the time to be taken by a party in presenting the party's case;
(e) the time to be taken by a trial.
(2) The Judge may vary or revoke a direction under paragraph (1).
(3) The discretion of the Judge to give a direction under paragraph (1) shall be exercised having regard to the following matters, in addition to any other relevant matter—
(a) the time or number limited shall be reasonable;
(b) the direction shall not prejudice the right of each party to a fair trial, and in particular, to a reasonable opportunity to adduce evidence and cross-examine witnesses;
(c) the degree of complexity of the case;
(d) the number of witnesses a party intends or seeks to call;
(e) the volume and character of the evidence a party intends or seeks to adduce;
(f) the time expected to be taken for the trial;
(g) the importance of the proceeding as a whole or of any question in the proceeding.
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The Judge may at any time order that a proceeding in the TEC List be removed from the List.
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