ByLawyers News and Updates

Online Court Protocol – Supreme Court Equity Division – NSW

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New and revised Practice Notes dealing with Online Court Protocol in the Equity Division of the NSW Supreme Court have been added to the By Lawyers Litigation commentaries.

Our NSW litigation author has amended the Acting for the Plaintiff and Acting for the Defendant commentaries in our Supreme Court – Equity Division Guides to incorporate these important procedural changes brought in by the recent amendments to Practice Note SC Eq 1 and the introduction of the new Practice Note SC Eq 14. These Practice Notes apply concurrently to all cases in the Equity Division General List that are case managed by the Registrar in Equity.

Important points to note about the new provisions of the Practice Notes include:

Online Court

  • All matters will be managed via Online Court.
  • If the Registrar in Equity determines that certain matters are to be heard in open court the times and location of directions hearings may change and the Practice Note requires that the daily Court list should always be checked.
  • Failure to submit requests or consent orders in the Online Court in accordance with the time frames set out in the Practice Note will be treated as a non-appearance in the proceedings, upon which the Registrar will issue a notice and a subsequent failure may result in the proceedings being dismissed.

Mediation/ADR

  • The initial timetable should consider reference and/or mediation.
  • If the parties have not attempted to resolve the dispute through mediation or other appropriate ADR procedures, they should expect a mediation date to be allocated prior to or when a matter is set down for hearing.
  • If the Court makes an order for court annexed mediation, the parties are to attend upon the Registrar in Equity, using the Online Court, within 24 hours of the order being made to obtain a date for mediation.

Consent Orders

  • Agreement will be reached between the parties on a timetable for the preparation of matters for trial and/or reference and/or mediation and Consent Orders. Evidence of this agreed timetable will be transmitted to the Registrar using the Online Court by no later than 2:30 PM on the second day preceding the Online Court sitting.
  • All Consent Orders will be made using Online Court; emails will not be accepted. The text of any orders the parties are seeking must be fully set out in the Online Court request.

Trial Length Estimates

  • When parties are seeking to have the matter set down for hearing, the parties will be expected to give full details of the trial, to ensure that the estimate of the length of the hearing is accurate. Annexure B to Practice Note SC Eq 1 provides for a Direction the Court will give requiring practitioners to monitor the estimate for the length of the trial.
  • If the hearing is likely to be longer than five days the trial date will be set in consultation with the Chief Judge in Equity.

The move to case management via the Online Court in the Equity Division is a significant shift in Court process and one of which all practitioners need to be well aware and prepared to embrace. The up to date and practical focus of the By Lawyers Supreme Court Guides ensures it is easy to understand and comply with the new procedures.

QLD – QCAT – Online forms

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Queensland Civil and Administrative Tribunal will be progressively introducing an online forms facility, whereby parties are able to complete forms and documents online and submit them to the registry electronically. Available online forms can be accessed on the QCAT website.

The submitting party will receive an electronic sealed copy of the document filed and a confirmation letter with the filing date and application number to their nominated email address. Service copies can be printed from this electronic copy.

Parties must have the original of any documents filed electronically with them at any Tribunal proceeding.

See QCAT Practice Direction No 1 of 2016 for further information on the procedures for the completion and submission of forms online. Schedule A to this Practice Direction lists the applications, referrals or documents that may be filed electronically.

The By Lawyers QCAT Commentary has been updated to reflect this procedural change. As a reminder, the QCAT Guide is located within the Magistrates Court Publication.

County Court VIC – Commentary update

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Commentary update for new Practice Note PNCLD 2-2018

The commentary in the By Lawyers County Court Guide have been updated by our author, barrister Nawaar Hassan, to reflect the changes in practice and procedure in the Common Law Division, with the introduction of the new Practice Note PNCLD 2-2018 which commenced on 1 August 2018.

Key points of the Commentary update

Notably, the new practice note:

  • Disbands the Civil Directions Group, with directions and orders now being managed by the Commercial and Common Law Registries;
  • Introduces an obligation on the plaintiff to file a ‘Mediation Results Order’ where proceedings are settled at or after mediation; and
  • Covers the practice and procedure in relation to eCourtbooks, which must be provided in addition to a hard copy Court Book from 1 August 2018.

Relax!

By Lawyers always keep you up to date with developments in practice and procedure in the courts covered by our Guides.

Podcast – Personal Injury Guide – Victoria

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If you are wondering what all the fuss is about with By Lawyers new Personal Injury Guide for Victoria, listen to this podcast from our Senior Consultant and Editor Brad Watts explaining the content and advantages of this newest addition to the By Lawyers litigation guides.

Brad takes you through the new guide from start to finish and discusses key pieces of commentary and the helpful precedents that make it easy to represent a client with a personal injury claim. The content discussed includes:

  • Limitation periods and taking proper instructions
  • Costs agreements
  • Assessing the viability of a personal injury case – elements of negligence under the Wrongs Act
  • Supporting and preparing the claim – gathering evidence from the client and witnesses
  • Settling the claim early through mediation and offers of compromise
  • Managing the case in court

You can access this episode on Soundcloud – or click below to listen!

QLD Magistrates Court – Domestic Violence – Interpreters

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The By Lawyers Domestic Violence commentary has been updated to include a section on the Magistrates Court’s power to engage an accredited interpreter where required.

For private domestic and family violence proceedings, where the application indicates that either party requires an interpreter, the registrar will locate and retain an interpreter.

At the first mention, if the Court is satisfied that the interests of justice require an interpreter to be appointed to assist with the comprehension of the proceeding, the Court will order the appointment of an interpreter for further mentions.

In these circumstances, Queensland Courts will bear the cost of the interpreter’s engagement. See Practice Direction No. 6 of 2017.

New Guide – Personal Injury – Victoria

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We are delighted to announce the launch of the latest addition to By Lawyers’ Injuries publications, being a Personal Injuries Guide for Victoria.

This publication covers all aspects of advising and representing clients with personal injury claims under the Wrongs Act 1958.

The publication contains helpful commentary and precedents for conducting a claim from start to finish.

Commentary

The detailed and practical commentary discusses all aspects of personal injury claims, including:

  • Limitation periods
  • Taking comprehensive instructions
  • Establishing a duty of care
  • Establishing a breach of duty
  • Factual causation and scope of liability
  • Particular negligence situations such as occupiers’ liability
  • Defences, including obvious and inherent risks
  • Damages
  • Supporting and preparing a claim
  • Mediation
  • Offers of compromise
  • Costs considerations
  • Going to court – Supreme Court and Country Court procedures.

Precedents

Easy to use precedents provided for each stage of the matter include:

  • Retainer instructions
  • Initial letter to plaintiff
  • Costs agreement
  • Letter to medical panel
  • Letter to plaintiff advising on mitigation of damages
  • Example content – pleading and particulars
  • Brief to counsel
  • Subpoenas and Notices to produce
  • Authority and instructions for payment of settlement or award

Before advising a client, it is important to understand the nature and extent of the restrictions imposed upon claims and damages by the Wrongs Act, as well as the defences created.

The By Lawyers Personal Injuries Guide will enable Victorian practitioners to confidently assist clients with personal injury claims.

Supreme Court NSW – commentary updated for new Practice Notes

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Practice Notes

The By Lawyers Supreme Court (NSW) commentaries have been updated following the introduction of new practice notes issued by the Court.

The Court’s practice notes provide practitioners with detailed guidance on how the Court manages its cases, complementing legislative and regulatory provisions. Practice notes specifically set out the steps practitioners are expected to take when conducting a matter and failure to comply can have serious consequences for the client and practitioner.

By Lawyers litigation Guides assist practitioners with all aspects of practice and procedure, with focused commentary, precedents and matter plans to guide you through the conduct of proceedings, from start to finish.

Courts and tribunals – 1 July fee increases and legislation updates

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1 July always sees legislative changes, including increases to court fees. Happy New (financial) Year!

The following are some of the important changes commencing 1 July 2018. By Lawyers publications in each state have been updated as appropriate.

LITIGATION, CRIMINAL LAW, FAMILY LAW & DECEASED ESTATES

All States

Fee increases apply in all courts and tribunals.

Injury claims – where damages for permanent impairment and/or non-economic loss are subject to statutory caps (e.g. motor accidents and workers compensation legislation) these maximum amounts have been updated.

Defamation – the maximum amount of damages for non-economic loss available under the Uniform Defamation Law is now $398,500.

VIC Supreme Court

All documents for Supreme Court Common Law, Commercial Court and Costs Court matters must now be electronically filed using the RedCrest electronic filing platform. Court users will need to register. See the Supreme Court page ‘Electronic filing and case management’ and the commentary in the By Lawyers Victorian Supreme Court Guide

 

VIC – Magistrates’ Court Civil – New commentary on Substituted service

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Some practical commentary on substituted service has been added to the By Lawyers Acting for the Plaintiff – Magistrates’ Court Guide.

To accompany this new commentary, we have also added the following precedents to the Acting for the Plaintiff matter plan:

  • Example content – Summons – Substituted Service;
  • Example content – Affidavit by solicitor in support of an application for substituted service.

VIC – County Court – Author Review

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The By Lawyers author of Victorian Civil Litigation and Injuries, Nawaar Hassan, Barrister, has reviewed the County Court publication including commentary, matter plans and precedents. Various enhancements have been made, including expansion and clarification of commentary relating to:

  • Directions hearings, administrative mentions and the civil directions group;
  • Offers of compromise and Calderbank offers;
  • Dealing with self-represented litigants;
  • New efiling procedures and requirements;
  • Commencing proceedings and claiming interest;
  • Counterclaims by the defendant and claims for contribution or indemnity;
  • Subpoenas and notices to produce;
  • Retaining an expert.

Precedent letters instructing expert witnesses have also been updated.

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