Victorian Numbered Regulations

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SUPREME COURT (INTELLECTUAL PROPERTY) RULES 2016 (SR NO 107 OF 2016) - REG 2.04

Directions

    (1)     The Judge may, at any time, give any directions for the conduct of the proceeding which the Judge thinks conducive to its effective, complete, prompt and economical determination.

Note

Where a proceeding is commenced by electronic filing of the originating process in RedCrest under Order 28A of Chapter I, a date for a first directions hearing will be allocated automatically and included in the originating process. See Form 5F of Chapter I.

    (2)     Without limiting paragraph (1), the Judge may make orders with respect to—

        (a)     the defining of the issues by pleadings or otherwise;

        (b)     any amendment of pleadings;

        (c)     any counterclaim;

        (d)     particulars;

        (e)     discovery and inspection of documents;

        (f)     admissions of fact or of documents;

        (g)     the joinder of parties;

        (h)     the mode and sufficiency of service;

              (i)     interrogatories;

        (j)     the inspection of any property or thing;

        (k)     the filing and service of affidavits;

        (l)     the disclosure of reports of experts;

        (m)     the filing and exchange of signed statements of evidence of intended witnesses and their use in evidence at the hearing;

        (n)     the making of any experiment, test or report;

        (o)     the appointment of a Court expert under Order 10 of these Rules;

        (p)     defining and limiting the issues to be tried, restricting the number of witnesses and otherwise ensuring that the case is disposed of expeditiously;

        (q)     documents prepared by the parties;

        (r)     the place, time and mode of hearing;

        (s)     the giving of evidence at the hearing, including whether evidence in chief of witnesses shall be given orally or by affidavit or affirmation;

        (t)     costs.



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