ByLawyers News and Updates

Supreme Court – QLD

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From 1 May 2023 Practice Direction 9 of 2023 Caseflow Management – Civil Jurisdiction governs caseflow management in civil proceedings in the Supreme Court.

The new Practice Direction is to be read with Practice Direction 11 of 2023 Consent Orders of the Registrar.

Practice Direction 18 of 2018 Efficient Conduct of Civil Litigation also applies under the new practice direction.

These practice directions are all intended to facilitate compliance with the overriding obligations under r 5 of the Uniform Civil Procedure Rules 1999 that the parties and the court resolve the real issues in the proceedings in a procedurally fair, efficient, timely, and cost effective way.

The new practice direction is based on the Supreme Court having the expectation that cases will either be resolved or ready for trial within 180 days of the defence, or the last of multiple defences, being filed. If not, the Supreme Court registry will issue an Intervention Notice to which the plaintiff must respond within 28 days by filing one of the following documents:

  • Notice of Discontinuance; or
  • Notice that the matter has settled; or
  • Request for Trial Date.

If the matter is neither resolved nor ready for trial, the plaintiff must file proposed orders, either by consent or otherwise, and the matter will be listed in the Caseflow Management List where the registrar will make the proposed orders, or refer the matter to a caseflow management conference, or list it before a judge for review.

Failure to comply with the practice direction may result in sanctions including adverse costs orders and immediately listing the proceedings for trial.

When cases are settled, they are placed in the Caseflow Settlement List and remain there until a Notice of Discontinuance is filed, or the court makes an order disposing of the matter.

The commentaries in the By Lawyers Supreme Court Acting for the Plaintiff and Acting for the Defendant guides have been updated accordingly.

Commercial List – QLD

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Supreme Court Practice Direction 1 of 2023 introduces new procedures for the Court’s Commercial List from 30 January 2023.

The Court has also issued supporting Notes that provide guidance about some practical aspects of the Commercial List, including parties, practitioners, directions, expert evidence, electronic filing and document management.

The key point of the new arrangements is that cases will be managed by a specific judge from start to finish. This includes interlocutory applications. Where the allocated judge is not available another Commercial List judge will step in.

The Practice Direction applies to existing and future commercial matters commenced in, or transferred to, the Brisbane registry. Commercial matter filed in another region will be subject to case management as appropriate in that region.

Matters can be put on the list by a party, or assigned by the court. The criteria is that the real issues involved in the matter are of a general commercial character, or arise out of trade and commerce, including e-commerce. The Practice Direction provides a non-exhaustive list of such issues:

  • the construction of a business contract, smart contract or other commercial
    instrument;
  •  insurance and reinsurance;
  • banking and financial services, including dealings in cryptocurrency;
  • the provision and enforcement of securities of any kind;
  • the conduct of business and commercial agents;
  • rights in, to, or concerning technology, including blockchain technology;
  • intellectual property;
  • partnership and joint venture relationships;
  • the export or import of goods or services;
  • the provision of goods or services by land, sea, air, cable, pipeline or through use
    of the internet for commercial purposes;
  • arbitral proceedings under the Commercial Arbitration Act 2013 (Qld);
  • the exploitation of natural resources;
  • conduct in and/or the operation of financial markets and exchanges;
  • data ownership, storage and security;
  • an appeal or judicial review relating to a tax, levy or royalty; and
  • directors’ duties, shareholder rights, capital raising, takeovers, compulsory
    acquisitions, buy-outs and windings up under part 5.4A of the Corporations Act
    2001 (Cth).

The By Lawyers Supreme Court (QLD) publications have been updated accordingly.

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