ByLawyers News and Updates

County Court Civil – VIC

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The By Lawyers County Court Civil (VIC) publication has been updated.

This update reflects recent amendments to the Court’s practice notes in the Common Law Division issued by Her Honour Judge Tsalamandris, the Head of the Common Law Division. The links to the practice notes within the Acting for the plaintiff and the Acting for the defendant commentaries have now been updated.

Practice notes provide practitioners with information and direction on the court’s practice and procedures. They particularly explain how matters are conducted in the court’s specialist lists. As all By Lawyers litigation guides emphasise, it is important that practitioners have a sound understanding of the practice notes relevant to any proceedings they propose to commence for a client, or which are already on foot.

The Common Law Division Practice Note applies to all proceedings in the Common Law Division.

In addition, there are practice notes giving instruction on the conduct of cases in specific lists, such as the following which are the subject of the recent updates:

Procedures vary between courts, divisions and specialist lists. Compliance with practice notes is important for timely and efficient case management and will prevent unnecessary applications, save time and avoid the risk of adverse costs orders. The ‘Case management and direction’ sections of the commentaries in all By Lawyers litigation guides provides a valuable resource.

This update to the County Court Civil guides is part of By Lawyers continuing commitment to keeping our content current and helping  our subscribers enjoy practice more.

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.

NSW – Supreme Court – Equity Division and Common Law Division – Appeals – Practice Note SC CA 1

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Information has been added to the Act for Plaintiff and Act for Defendant commentaries in both the Supreme Court Common Law and Equity Guides to incorporate the requirements of Practice Note No. SC CA 1  which was issued on 13 December 2017 and which commenced on 1 January 2018.

All parties to proceedings in the Court of Appeal are required to comply with the requirements contained in  Part 51 UCPR (appeals) and Part 59 UCPR ( judicial review).  The Practice Note makes additional  provision for the  preparation and conduct of proceedings in the Court of Appeal.

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