Victorian Numbered Regulations Victorian Numbered Regulationsr. 5
For Order 48 of the Principal Rules substitute —
(1) Subject to this Rule, this Order applies to a proceeding in the Court commenced by writ or originating motion.
(2) This Order does not apply to a proceeding in any of the following lists—
(a) Admiralty List;
(b) Building Cases List;
(c) Commercial List;
(d) Corporations List;
(e) Intellectual Property List;
(f) Valuation, Compensation and Planning List.
The Court may fix a date for the trial of a proceeding—
(a) after notice of trial has been filed and served; or
(b) subject to the plaintiff's filing and serving notice of trial.
Notice of trial shall be in Form 48A or, if the Court so orders, Form 48B.
(1) If the plaintiff does not within a reasonable time after the commencement of the proceeding file and serve notice of trial or apply to have a date fixed for the trial of the proceeding, the defendant may file and serve notice of trial or may apply to the Court under Rule 24.01 to dismiss the proceeding for want of prosecution.
(2) If the Court fixes a date for the trial of the proceeding subject to the plaintiff's filing and serving notice of trial within a certain time and the plaintiff fails to file and serve notice of trial within that time, the defendant may within seven days thereafter file and serve notice of trial or may apply to the Court under Rule 24.01 to dismiss the proceeding for want of prosecution.
r. 5
(1) After notice of trial—
(a) has been filed, the party filing the notice; and
(b) has been served, the party so served—
shall not seek—
(c) amendment to a pleading;
(d) particulars or further particulars;
(e) answers to interrogatories or further answers; or
(f) discovery or inspection of documents or further discovery or inspection—
without the leave of the Court.
(2) Nothing in paragraph (1) shall—
(a) in a proceeding for damages for or arising out of death or bodily injury affect the obligation of the plaintiff to give particulars of the damages claimed or the obligation of the parties under Order 33 with respect to the medical examination of the plaintiff and the service of hospital and medical reports;
(b) prevent the service of an offer in writing in accordance with Part 2 of Order 26; or
(c) limit the power of the Court at the trial to make an order for amendment or otherwise.
r. 5
At any time after a date has been fixed for the trial of a proceeding, the Court may vacate the date so fixed and give further directions for the conduct of the proceeding.
(1) Where a date for the trial of a proceeding has been fixed or the proceeding has otherwise been entered into a list for trial, the Court may direct, or the Prothonotary may give notice, that the parties and their solicitors or counsel attend before a person named in the notice for the purpose of a pre-trial conference.
(2) At the time and place designated for the pre-trial conference or at any stage of the pre-trial conference the person conducting the pre-trial conference may if it appears to him to be necessary or desirable refer the proceeding to a Master.
(3) Upon a reference under paragraph (2), the Master may make any order or give any direction—
(a) to ensure that a party or his solicitor or counsel attend before a nominated person for the purpose of the pre-trial conference;
(b) to ensure that the proceeding is ready for trial.
(4) Except as all the parties who attend the conference in writing agree, no evidence shall be admitted of anything said or done by any person at the conference.
(5) The agreement may be made at the conference or later.".