___________________________________________________________
Matter number:
Parties:
Plaintiff
1
st
Def
2
nd
Def 3
rd
Def
1. (a)
(b)
(c)
Have you instructed
counsel who will appear
at trial?
Has counsel advised
upon the readiness of the
case for trial and upon
the matters set out
below?
Has counsel prepared an
advice on evidence?
2. (a)
(b)
Do you intend to apply
to amend any pleading?
Do you intend to apply
to strike out any pleading
or part of a pleading?
3. (a)
(b)
Do you intend to apply
to join any additional
parties?
If there is a third party
who has entered an
appearance, has an order
for third party directions
been obtained?
4. General Division - Civil
PD 4.5
Supreme Court of Western Australia
Consolidated Practice Direction
Plaintiff
1
st
Def
2
nd
Def 3
rd
Def
4. (a)
(b)
(c)
Do you intend to seek
particulars of any
pleading?
Have all requests for
particulars been
answered satisfactorily?
Have you provided
particulars of loss and
damage?
5.
Are there any requests to
admit facts or documents
outstanding?
6. (a)
(b)
Do you intend to seek
further discovery from
any party?
Has inspection been
completed?
7. (a)
(b)
Do you intend to make
any application in
relation to
interrogatories?
Have administered
interrogatories been
answered?
8.
Do you intend to bring
an application in relation
to any aspect of the case?
4. General Division - Civil
PD 4.5
Supreme Court of Western Australia
Consolidated Practice Direction
Plaintiff
1
st
Def
2
nd
Def 3
rd
Def
9.
Do you intend to file any
further affidavits in
relation to the case?
10.
Do you propose to take
evidence before trial?
11. (a)
(b)
(c)
(d)
(e)
(f)
(g)
Do you intend to adduce
expert evidence at trial?
Have you sought all
necessary orders in
relation to expert
evidence?
Has there been
compliance with all
orders in relation to
expert evidence?
If expert evidence has
been exchanged, have the
experts conferred?
If the answer to (d) is
'no', what arrangements
have been made for the
conferral process?
If the answer to (d) is
'yes', has a report of the
conferral been prepared?
Have the parties
conferred as to the
manner in which expert
evidence will be adduced
at trial, including
whether it will be given
concurrently?
4. General Division - Civil
PD 4.5
Supreme Court of Western Australia
Consolidated Practice Direction
Plaintiff
1
st
Def
2
nd
Def 3
rd
Def
12. (a)
(b)
(c)
(d)
(e)
(f)
(g)
How many witnesses do
you intend to call at trial?
Have you taken
statements or proofs of
evidence from all
witnesses you intend to
call at trial?
Do you know of any
witnesses who will not
provide a statement and
who may need to be
subpoenaed?
Have directions been
made for the preparation
and exchange of
statements which are to
stand as the evidence-in-
chief of the witness to be
called at trial?
Have those directions
been complied with?
Do you know of any
difficulties as to the
availability of witnesses?
Has consideration been
given to arranging for
any witnesses not in
Perth to give their
evidence by video link?
4. General Division - Civil
PD 4.5
Supreme Court of Western Australia
Consolidated Practice Direction
Plaintiff
1
st
Def
2
nd
Def 3
rd
Def
13.
Has the bundle of
documents to be used at
trial been prepared in
accordance with
directions issued?
14.
How many days will the
trial take?
15. (a)
(b)
(c)
Has the case been to
mediation?
If not, should mediation
orders be made, and if
not, why not?
If the case has been
mediated previously,
should it go back to
mediation?
16. (a)
(b)
Are any particular
administrative resources
likely to be needed for
the trial?
Has consideration been
given to preparing an
electronic trial bundle?
17. (a)
Is the case ready for trial
in all respects?
4. General Division - Civil
PD 4.5
Supreme Court of Western Australia
Consolidated Practice Direction
Plaintiff
1
st
Def
2
nd
Def 3
rd
Def
(b)
Does counsel believe that
the case is ready for trial
in all respects?
18.
Do you agree to provide
the Court with
unavailable dates upon
entering the matter for
trial?
If the answer is 'Yes',
please provide your
unavailable dates for five
months from the date of
entry.
_____________________
____________________
Solicitor for the Plaintiff
Date:
Registrar
Date:
4. General Division - Civil
PD 4.5
Supreme Court of Western Australia
Consolidated Practice Direction
4.4.2
Entry for Trial
___________________________________________________________
Entry for trial
1.
Entry for trial and notice of trial for the civil sittings of the court,
whether at Perth or a circuit location, shall be in accordance with
annexure 1 (4.4.2.1) with such variations as the circumstances may
require.
4. General Division - Civil
PD 4.5
Supreme Court of Western Australia
Consolidated Practice Direction
4.4.2.1.
Annexure 1
___________________________________________________________
IN THE SUPREME COURT OF WESTERN AUSTRALIA
BETWEEN
No ____ of 20__
________________
Plaintiff
And
________________
Defendants
ENTRY FOR TRIAL AND NOTICE OF TRIAL
1.
Enter this action (or as the case may be) for trial before a Judge (or before
a Judge and jury) on a date to be fixed for a duration of [
insert
] days the
civil sittings to be held at Perth / [
Circuit location
].
2.
The entry for trial fee in the amount of [
insert the amount set out in
Supreme Court (Fees) Regulations 2002 (WA) sch 1 div 1 item 4
] and the
daily hearing fee in the amount of [
insert the amount based on Supreme
Court (Fees) Regulations 2002 (WA) sch 1 div 1 item 5
] is tendered with this
notice.
Or
Attached to this notice is an application to reduce fees payable for the
entry for trial fee and the daily hearing fee in the form of
Supreme Court
Fees Regulations 2002
(WA) sch 4 Form 2.
Dated the
day of
20
Plaintiff's solicitor
(or as the case may be)
NOTICE TO THE DEFENDANTS [
OTHER PARTIES
]
Take notice that the plaintiff has this day entered this action (or as the case
may be) for trial.
4. General Division - Civil
PD 4.5
Supreme Court of Western Australia
Consolidated Practice Direction
4.4.3
Compromise (settlement) after cause, matter or issue has
been entered for trial/hearing
Do'stlaringiz bilan baham: |