New court protocol for sexual violence cases in Brisbane and Ipswich

On 2 September 2024, a three-year Sexual Violence (SV) Case Management Pilot commenced in the District Court in Brisbane and Ipswich. The pilot is underpinned by Practice Direction 3 of 2024 which outlines best practice principles for all sexual violence offence proceedings in Queensland and introduces a new case management protocol establishing SV lists, case management and Mediated Case Conferencing.

Practice Direction 3 of 2024 (PDF, 389.1 KB) commenced on 2 September 2024 outlining a changed approach to sexual offence proceedings in the District Court of Queensland.

The Practice Direction details best practice principles to be applied to all sexual offence matters and introduces a new case management protocol in the Brisbane and Ipswich District Courts.

This Practice Direction should be read in conjunction with the accompanying information notice (PDF, 1007.6 KB).

District Court of Queensland - Sexual violence case management pilot video

To support practitioners in preparing for implementation, the Court held an information session on 15 August 2024 in Brisbane.

District Court of Queensland - Sexual Violence Case Management – Information Session
Duration: 1:28:1

Forms


Case Review Form

Legal practitioners are required to complete and submit the Case Review Form online at least five (5) business days prior to the Case Review Hearing.

Trial Readiness Form

Legal practitioners are required to complete and submit the Trial Readiness Form online at least five (5) business days prior to the Trial Readiness Hearing. If parties agree that there are no outstanding matters for resolution prior to the trial, a request to delist the Trial Readiness Hearing may be made via the Trial Readiness Form or by contacting a Case Manager.

Printable versions of the Sexual violence case review form (printable) (PDF, 320.5 KB) and Sexual violence trial readiness form (printable) (PDF, 322.7 KB) are also available for information purposes.

The court will not accept forms emailed by legal practitioners.


Mediated Case Conference

Mediated Case Conferences are required in all matters as part of the SV Case Management pilot except where a defendant is self-represented. The court may order for parties to book a Mediated Case Conference within a given timeframe. Parties are to confer to determine a suitable date.

Book a mediated case conference.

Required material: The Prosecution is to provide a draft trial plan and indication as to sentence for the Mediated Case Conference no later than two days prior to the conference. A sample trial plan is available in Supreme Court Practice Direction 5 of 2024.

Conference outcomes: If the parties agree on an issue during a Mediated Case Conference, they can choose to put that agreement in writing. Counsel will certify it, and then it can be filed as draft Orders by Consent to be signed in chambers.

If providing draft Orders to the Court, the Orders must:

  • be in Microsoft Word format
  • be comprehensive, adapted to the case, and specify dates for compliance with each step set out in the order
  • add a rule saying that if a party doesn’t follow the order, they must inform the Case Manager of the noncompliance within seven days.

For more information refer to our frequently asked questions (PDF, 221.0 KB).


Directions Hearings

Legal practitioners are required to list a Directions Hearing to obtain directions outlining measures for the examination of an Affected Child Witness or Special Witness. This is to ensure the communication needs, and any other needs of a witness have been considered prior to the giving of evidence.

The Directions hearing is to take place after the Mediated Case Conference and may be held on the same day.


Feedback

We welcome your feedback on the Sexual Violence Case Management Pilot through the following options:

More information

Learn more about the sexual violence case management pilot.


Contact us

For questions about a Mediated Case Conference email the Case Conference Registrar at Conference.Registrar_DC@justice.qld.gov.au

For general enquiries email SV.Case.Reform@justice.qld.gov.au

For specific enquiries about SV matters listed in Brisbane and Ipswich email: