Caseflow management facilitates the procedurally fair, efficient, timely, and cost effective resolution of civil proceedings.
Practice Direction 9 of 2023 – Caseflow Management – Civil Jurisdiction governs the scheme for caseflow management in the Supreme Court of Queensland.
- monitors the progress of proceedings and intervenes when a proceeding is not progressing satisfactorily
- applies to civil proceeding instituted by claim in the Brisbane registry and to other proceedings according to the direction of the court
- does not apply to proceedings allocated to another managed list, for example the Supervised Case List, the Commercial List, the Wills and Estates List, or the Supervised Case List for claims involving self-represented parties.
Most proceedings should be ready for trial, or otherwise resolved, within 180 days of the filing of the notice of intention to defend and defence, or the last notice of intention to defend and defence where there is more than one defendant.
Where this expectation has not been met, the registry will issue a caseflow management intervention notice, requiring the parties to provide information about the status of the proceeding.
The notice will be sent:
- to the email addresses provided by the parties in the claim, notice of intention to defend, and/or notice of address for service, or
- if no email address has been provided, by ordinary pre-paid post to the party’s address for service. Within 14 days, the party must provide an email address, by filing a Notice of Address for Service Form 8 . All subsequent notices will be sent to that email address.
Responding to the notice
Within 28 days of issue of the notice, the plaintiff must respond to the notice by taking one of the following steps:
- if the matter has resolved, filing a Notice of Discontinuance Form 27 under rule 309; or
- if the matter has settled, giving written notice that the proceeding has settled under rule 308A; or
- if the matter is ready for trial, filing a Request for Trial Date Form 48 under rule 467; or
- if the matter is not ready for trial, after consultation with the other party or parties, submitting a signed Consent Form 59A and Consent Order Form 59 to facilitate the timely determination of the proceeding (in accordance with paragraphs 17 to 20 of the Practice Direction 9 of 2023 (PDF, 161.4 KB) .
Caseflow conferences and reviews
- If the plaintiff does not perform one of the steps listed in subparagraphs (a), (b) or (c) above, the proceeding will be allocated to the Caseflow Management List (the List).
- The Resolution Registrar manages the List, subject to the supervision of the Caseflow Judge. The Caseflow Judge is Justice Williams.
- On allocation to the List, and if the parties have not provided a Consent Order which complies with the requirements of the Practice Direction, the Registrar will issue a second notice to the parties, advising that the matter has been listed on a specified date for a caseflow conference.
Proceedings on the List are listed for caseflow review as necessary to ensure the matter progresses to resolution in an efficient and cost effective way.
The parties, in person or by their legal representatives, must appear at a conference or review, and be in a position to make informed submissions in relation to orders designed to progress the proceeding in accordance with the objective of the scheme.
- A party may request leave to appear by telephone or video, where circumstances prevent them from attending in person, by email to the Caseflow List Manager and the Resolution Registrar.
- Any application for leave must be made by 12.00pm on the last business day preceding the conference or review.
The listing of a conference or review may be vacated if the parties provide a draft Consent Order Form 59 which complies with the requirements of the Practice Direction at least two business days prior to the date fixed for the event:
The order must:
- be provided by email to the Caseflow Manager and Resolution Registrar
- be comprehensive, adapted to the particular case, and specify dates for compliance with each step set out in the order
- address the matters listed in paragraph 18 of the Practice Direction 9 of 2023 (PDF, 161.4 KB)
- be in Microsoft Word format
- contain a provision to the effect that, in the event of any default in compliance with the order, the defaulting party must, within seven days of the default, notify the Caseflow Manager and Resolution Registrar of the noncompliance
- be accompanied by a Consent Form 59A signed by all relevant parties.
The parties should explain, in the email by which the Consent Order and Consent are provided:
- if the order does not address a matter referred to in paragraph 18, why it does not
- if there has been a failure to comply, or a delay in complying with, previous orders, the reason(s) for that non-compliance or delay
- if the Form 59A has not been signed by all parties on the record, why consent of one or more of the parties is not required (for example, because judgment has been entered, or the proceeding has been discontinued, against that party/those parties.
Referral to Caseflow Judge
If a matter before the Resolution Registrar appears to be proper for the decision of the court, the Resolution Registrar will refer the matter to the Caseflow Judge or another judge of the court.
That judge may dispose of the matter or refer it back to the Resolution Registrar, with any direction that the judge considers appropriate.
Removal from Caseflow List
A proceeding will be removed from the List on the:
- making of an order disposing of the matter (for example, an order for summary judgment)
- filing of a Request for Trial Date Form 48
- allocation of the proceeding to another managed list
- filing of a Notice of Discontinuance Form 27
- setting down of the proceeding for trial by order of the court.
Caseflow Settlement List
If a matter is resolved, other than by court order, at any time after a claim has been filed and served, the parties must notify the registry by email to the Caseflow Manager. The proceeding will then be referred to the Caseflow Settlement List.
A proceeding on the Caseflow Settlement List:
- will remain on the list until the filing of a Notice of Discontinuance or the making of an order (for example, a sanction order) disposing of the matter; and
- may be subject to review at the discretion of the Resolution Registrar or the Caseflow Judge.
Any enquiries in relation to the caseflow management scheme should be directed by email to:
- the Resolution Registrar Resolution.Registrar@courts.qld.gov.au or
- the Caseflow Manager firstname.lastname@example.org
Legislation and resources
Practice Direction 9 of 2023 – Caseflow Management – Civil Jurisdiction regulates the caseflow management of proceedings in the civil jurisdiction of the Supreme Court in Brisbane.
Practice Direction 11 of 2023 – Consent Orders of the Registrar clarifies the procedure for applying for a Consent Order in a proceeding allocated to the Caseflow Management List.
The Uniform Civil Procedure Rules 1999 (UCPR) prescribe timeframes and other procedures for parties/practitioners to progress proceedings to a timely and cost-effective resolution.