InBrief

Practice Note DC (Civil) 13 took effect on 1 September 2008. All members practising in the civil jurisdiction of the District Court of New South Wales are encouraged to read it carefully. Amongst numerous matters, the Practice Note makes it clear that all cases, apart from proceedings in the Defamation and Child Care lists, will be the subject of early pre-trial conference within two months of filing of the Statement of Claim.� Any lawyer appearing at a pre-trial conference will be required to have a detailed knowledge of the case and of the general availability of all relevant witnesses.

Hearing dates are expected to be allocated not earlier than 8 months from filing and not later than 11 months from filing.

There is a risk of personal costs orders if matters are not ready to proceed in accordance with the Practice Note.

It would be opportune for members to talk to their instructing solicitors to encourage early conferences to facilitate early advices and thereby ensure compliance with the Practice Note.

The Bar Council has resolved to keep the operation of the Practice Note under review, in order to bring any practical problems arising to the attention of the Chief Judge.

Members are requested to bring any examples of difficulties arising under it to the attention of Alastair McConnachie, Director, Law Reform and Public Affairs at amcconnachie@nswbar.asn.au

22 October 2008