Pre-trial case management in the Supreme Court Brisbane
What is it?
A new civil case management process is being trialled in the Brisbane Supreme Court for 12 months from October 2017. The process is designed to assist litigants, in those cases proceeding to trial, to:
- refine and reduce the issues to be tried
- develop a basic trial plan.
Although the process itself is new, the court’s expectations concerning trial preparation are not. The new system reinforces the requirements imposed by Practice Direction 9 of 2010 . A new role, Resolution Registrar, has been created and tasked with introducing and implementing the process.
- The process is triggered by the filing of a Request for trial date .
- The parties are notified that a case management conference has been scheduled.
- Prior to the conference, the parties are required to confer and agree on a Trial plan , List of issues and List of matters not in dispute . The parties must also formulate a Document plan and, where appropriate, agree on the content of the Trial bundle .
- At the conference, trial dates are allocated, any dispute concerning the content of the documents is resolved and directions are made, where necessary, concerning the future steps necessary to ready the case for trial.
- The parties will be required to attend a further case management conference six weeks prior to trial so that the documents can be revised and updated and any outstanding issues can be addressed.
- For those cases listed for trial prior to the introduction of the new system, the parties will be required to confer and agree on the documents referred to above and to attend a case management conference prior to trial.
Who is affected?
The process does not apply to cases that have been allocated to the Commercial list or the Supervised case list. Parties in supervised cases may be required to attend a case management conference at any stage of the proceeding if the supervising judge considers it appropriate.
Any queries concerning the process can be directed to the Resolution Registrar at Resolution.Registrar@courts.qld.gov.au.