ByLawyers News and Updates

Personal injury lists – VIC

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The Supreme Court has introduced new procedures for matters in the personal injury lists.

Changes have been made to first directions orders in the four specialist personal injury lists in the Common Law Division with the intention of increasing efficiency, and reducing delays and adjournments.

Personal injury lists

In the Supreme Court, personal injury claims are dealt with in four specialist lists:

  • Personal Injuries List
  • Dust Diseases List
  • Institutional Liability List
  • Civil Circuit List

New forms for consent orders

Parties submitting minutes of proposed consent orders in these lists must now use the revised First Directions forms available on the Court’s website and on the matter plan in the By Lawyers Personal Injury (VIC) publication.

The major changes to the standard orders include:

  • the ability for the parties to agree to extend or abridge, by consent, the time for interlocutory steps before the post-mediation directions hearing, or, in the case of expedited Dust Diseases List matters, the final directions hearing;
  • time for issuing subpoenas and serving supplementary reports and final particulars of special damages;
  • when supplementary medical and expert reports can be served close to trial; and
  • matters about which the court expects to be informed at the post-mediation directions hearing, including expert evidence.

Practice notes

The personal injury lists are each managed subject to their relevant Practice Note being:

First Directions Hearing

After the defence is filed, the court will contact the parties to arrange a First Directions Hearing.

The court expects a practitioner with conduct of the file, or a good working knowledge of it, to appear at all directions hearings.

The parties are encouraged to submit consent orders to avoid an appearance.

Publication updates

The commentary and matter plan in the by Lawyers Personal Injury (VIC) publication has been updated accordingly.

Personal Injury – New list – VIC

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Personal injury lawyers should be aware that the Supreme Court of Victoria has a new case management list. The Institutional Liability List in the Common Law division manages institutional child abuse matters.

Proceedings suitable for inclusion in the list are those involving:

  • Claims against an organisation founded on the death or personal injury of a person as a result of alleged physical or sexual abuse of a minor.
  • Claims for breach of the duty of care imposed by s 91 of the Wrongs Act 1958 (Vic).
  • Applications to set aside a previous judgment or settlement agreement pursuant to sections 27QB or 27QD of the Limitation of Actions Act 1958 prior to the commencement of a proceeding on an action referred to in s 27QA of that Act.
  • Claims against an educational organisation arising out of the death or personal injury of a student of that organisation as a result of physical, sexual or psychological abuse by a fellow student or individual employed or associated with that organisation.

The management of proceedings in the Institutional Liability List is in accordance with Practice Note SC CL3 – Personal Injuries List.

The By Lawyers Personal Injury (VIC) Publication and the Supreme Court Civil (VIC) Publication have been updated accordingly.

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