|
I acknowledge receipt of subpoenaed documents produced by:
1.
[
Name of addressee
]
I am a Certified Legal Practitioner and I hereby undertake to keep in my
custody or possession the above named documents and to return those
documents to the Registry in the condition and order provided to me by
_____________ am/pm on ________________________ [
date
].
Any copies made of the uplifted documents will only be used for the
purposes of these proceedings.
Name:
__________________________ Phone No: _____________
Signature:
_____________________________________
Date received:
_____________________________________
Witness' Signature: _____________________________________
Witness' Name:
_____________________________________
Date Returned:
_____________________________________
Witness' Signature: _____________________________________
Witness' Name:
_____________________________________
4. General Division - Civil
Supreme Court of Western Australia
Consolidated Practice Direction
4.4
Entry for Trial
4.4.1
Case Evaluation and Pre-Trial Directions Prior to Entry for
Trial
___________________________________________________________
1.
This practice direction sets out how Registrars generally manage cases
prior to entry for trial.
2.
Other than in exceptional cases, a case may only be entered for trial if:
•
all interlocutory steps in relation to pleadings, discovery and
expert evidence (if any) have been completed;
•
it has been mediated; and
•
pre-trial directions have been made and satisfied.
3.
Once the parties have completed or are close to completing all
interlocutory steps in the case the Registrar will generally carry out a
full case evaluation pursuant to O 4A r 18(6) of the
Rules.
4.
The Registrar may list a further case management conference for this
purpose and order the parties to meet prior to that conference and
confer in relation to whether they have completed all interlocutory
steps.
5.
The memorandum of conferral, which the plaintiff will usually file and
serve, must set out:
•
that conferral has occurred (noting when and where);
•
that the parties have considered the matters set out in the case
evaluation conference checklist, a copy of which is attached to
this Practice Direction (at 4.4.1.1);
•
whether the parties have completed all interlocutory steps;
•
whether there are any outstanding matters; and
•
whether there are any matters on which the parties do not agree.
4. General Division - Civil
PD 4.4.1
Supreme Court of Western Australia
Consolidated Practice Direction
6.
A completed case evaluation checklist (at 4.4.1.1), signed by the
solicitor for the plaintiff most closely connected with the preparation of
the case for trial, must be attached to the memorandum of conferral
(see Practice Direction 4.3.2). The checklist is to be completed by 'yes'
or 'no' answers being noted in each column where appropriate. The
answers may be written in pen or typed. Any matters that cannot be
noted in the checklist, for example due to lack of space, should be
noted in the memorandum of conferral.
7.
The standard orders in this respect are:
1.
By ………….
(a)
The solicitors for the parties meet in order to confer as
to the readiness of the matter for trial; and
(b)
The plaintiff file and serve a memorandum of
conferral to which shall be attached a case evaluation
checklist completed by the parties and signed by the
solicitor for the plaintiff most closely connected with
the preparation of the action for trial.
2.
The case management conference is adjourned to (
time
) on
(
date
).
8.
The Case Manager will raise with the parties at the conference at which
the case is fully evaluated the matters set out in the checklist, including
whether the case has been mediated and whether it would benefit from
further mediation. Counsel will be expected to have considered these
matters, to have taken full instructions on them, and to be able to
address them at the conference. Failure in this respect may well result
in the adjournment of the conference and consequential costs orders.
9.
If the Case Manager has concerns as to whether the parties have
completed all interlocutory steps or in relation to the matter generally,
then the Registrar may make further programming orders and adjourn
the conference to another date.
4. General Division - Civil
PD 4.4.1
Supreme Court of Western Australia
Consolidated Practice Direction
10.
The Case Manager may, once satisfied that the parties have completed
all interlocutory steps, make pre-trial directions regarding:
(a)
the provision of and exchange of witness outlines or witness
statements and the preparation of the trial bundles, based on the
usual orders 27-50 in PD 4.1.2.2;
(b)
the exchange of all expert evidence, and the conferral of expert
witnesses (based on the usual orders in 51-56 in PD 4.1.2.2) if
directions dealing with these matters have not previously been
made.
The parties may seek to vary the standard pre-trial directions in
appropriate cases. The Case Manager will not, however, make orders
for the filing of submissions and other immediate pre-trial orders.
11.
If the parties consider that the Registrar is likely to make pre-trial
directions at a particular conference then they should, prior to the
conference, confer as to the pre-trial directions to be made and, if
possible, provide to the Registrar a minute of agreed pre-trial
directions either before or at the conference.
12.
Once pre-trial orders have been complied with and assuming that there
are no additional interlocutory matters to be attended to, the Case
Manager will make orders that:
(a)
the plaintiff file an entry for trial (including estimated trial
length);
(b)
all parties provide Listings with unavailable dates in 3-
6 months’
time.
13.
The standard order to file an entry for trial is:
By [date] the plaintiff enter the action for trial by [insert date] with
an estimated trial length of [number of days].
14.
The Registrar will then refer the case to Listings. A Judge will be
allocated to conduct a listing conference and hear the case.
4. General Division - Civil
PD 4.4.1
Supreme Court of Western Australia
Consolidated Practice Direction
15.
The procedure set out above may be varied in appropriate cases. For
example, it may be desirable in a particular case for witness outlines,
witness statements or expert evidence to be exchanged earlier in the
proceedings. Such matters should be raised with the Registrar as the
appropriate time. It will only be in exceptional cases, however, that
matters which are not ready for trial or which have not been mediated
may be entered for trial.
4. General Division - Civil
PD 4.5
Supreme Court of Western Australia
Consolidated Practice Direction
4.4.1.1.
Full Case Evaluation Checklist
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