Hearing dates for witness actions in the Non Jury List – Additional requirements
New practice direction sets out additional requirements for practitioners seeking a hearing date for a witness action in the non jury list.
In June 2024, the President of the High Court recently introduced a new practice direction HC127 relating to the hearing of witness actions in the non jury list. Practitioners should be aware of the increased requirements that need to be fulfilled following the filing of a certificate of readiness and in advance of any application for a hearing date. Practitioners are now required to jointly complete a Trial Summary Form.
The practice direction provides that after the filing of a certificate of readiness, the party seeking a hearing date for a case must observe the following requirements prior to the application for a hearing date:
The application for a hearing date shall be treated as a case management hearing, scheduled for a Wednesday hearing in the non-jury list.
The parties must jointly complete the Trial Summary Form (appended to the practice direction)
The party certifying the case as ready for hearing must provide a completed version of those parts of the Trial Summary Form from information within their own knowledge to the other parties within 2 weeks from the date the certificate of readiness is lodged in the central office.
The parties then have 4 weeks to agree the Trial Summary Form.
Should there be a failure to observe any part of practice direction HC127, such failure should be brought to the attention of the case management judge at the case management hearing.
The Trial Summary Form should be available in court for the case management judge on the day of the case management hearing. Copies of the pleadings should also be available.
The Trial Summary Form:
The Trial Summary Form requires the parties to document certain key matters on the following topics:
Trial length;
Witnesses;
Alternative Dispute Resolution;
Miscellaneous
The case management hearing:
The judge at the case management hearing may make directions in relation to the matters identified in the Trial Summary Form or otherwise as the judge may deem necessary prior to giving a hearing date.
The judge at the case management hearing will only provide a hearing date if they are satisfied that it is appropriate to do so.
After hearing date achieved but the matter is compromised/settled:
Should the matter become compromised or settle prior to the hearing date, the parties must inform the non-jury registrar and make an application to the case management judge in order to vacate the hearing date.
Trial Summary form to be lodged with the pleadings:
The parties are required to provide a copy of the Trial Summary Form to the judge assigned to hear the matter. The Trial Summary Form is to be lodged in the list room along with the pleadings.
Matters to which the practice direction applies to:
Practice Direction HC127 applies to all cases where a certificate of readiness has been filed on the 19th June 2024 but have not yet been allocated a hearing date, as well as cases where a certificate of readiness has been filed on or before the date of the Practice Direction (19th June 2024).
