4. General Division - Civil
Supreme Court of Western Australia
Consolidated Practice Direction
4.1.2
Case Management - the Commercial and Managed Cases
(CMC) List
___________________________________________________________
The CMC List
1.
Cases that require more intensive supervision than that currently
provided by the Registrars pursuant to div 2 and div 4 of O 4A of the
Rules of the Supreme Court 1971
are managed
in the Commercial and
Managed Cases List (the CMC List) pursuant to div 2 and div 3 of O 4A.
2.
Cases in the CMC List will, as far as possible, be docket managed by the
Judge or Master likely to hear the trial of the case.
Entry onto the CMC List
3.
Other than the cases automatically admitted to the CMC List under O4A
r 11 of the
Rules of the Supreme Court 1971
,
any case will, in general, be
admitted to the CMC List if:
(a) there is a significant prospect of interlocutory dispute;
(b) it has manifested a propensity for interlocutory
dispute by such a
dispute being listed in Judges or Masters Chambers;
(c) in the opinion of a CMC List Judge or Master, it is suitable for more
intensive case management for any other reason (such as the need
for expedition, the complexity of the issues, the
likely length of trial,
etc); or
(d) one party wants the case admitted to the List for any of these or
other good reasons.
4.
Apart from cases automatically admitted to the CMC List by the Court
as outlined in O 4A r 11 of the
Rules of the Supreme Court 1971
, entry into
the CMC List is by an application made by a letter to the Court (O 4A
r 14). In addition to the information required under O 4A r 14(3), the
letter must include an estimate of
the likely length of hearing, in the
event the matter proceeds to trial. The letter to the Court must also set
out the details of any order or direction sought or file with the letter as
an attachment a minute in Form 78 of any order sought (O 4A r 5B(1)(b)).
Such requests should ordinarily be filed as soon as a party is of the view
that the requirements in O 4A r 14(2) and par 3(d) are satisfied.
4. General Division - Civil
PD 4.1.2
Supreme Court of Western Australia
Consolidated Practice Direction
5.
As soon as possible after entry onto the CMC List,
each party to
proceedings, other than a party who has requested entry to the List in
accordance with par 4 above, must provide the Associate to the
managing Judge or Master with their estimates
of the likely length of
hearing, in the event the matter proceeds to trial. From time to time the
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