Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 367

367 Directions

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

(2) In deciding whether to make an order or direction, the interests of justice are paramount.

(3) Without limiting subrule (1) , the court may at any time do any of the following in relation to a trial or hearing of a proceeding—

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

(b) limit the time to be taken by the trial or hearing;

(c) limit the time to be taken by a party in presenting its case;

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

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

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

(g) 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;

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

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

(j) require the parties, before the trial or hearing, to provide statements of witnesses the parties intend to call.

(4) In addition to the principle mentioned in subrule (2) , in deciding whether to make an order or direction of a type mentioned in subrule (3) , the court may have regard to the following matters—

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

(b) that the time allowed for taking a step in the proceeding or for the trial or 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 trial or 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) another relevant matter.

(5) If the court’s order or direction is inconsistent with another provision of these rules, the court’s order or direction prevails to the extent of the inconsistency.

(6) The court may at any time vary or revoke an order or direction made under this rule.