Supreme Court releases Applications protocol

Parties or practitioners appearing in Applications are expected to follow the public health directions in relation to the management of risks associated with Coronavirus (COVID-19).

The protocol is as follows:

  1. The Applications list manager will email the parties/legal representatives in all matters listed for hearing in Applications, by 10.00 am on the day before the matter is listed to be heard, requesting confirmation of the following:
    a. Whether the matter will be proceeding or will be the subject of a consent order or adjournment;
    b. The names of the representatives who will be appearing for each of the parties;
    c. Whether the party/legal representative will be appearing in person or whether leave has been obtained from the senior Judge listed in Applications in the relevant week to appear by telephone or video-link; and
    d. The expected duration of the hearing.
  2. Parties or practitioners are required to attend court in person for the hearing (including for the call-over) unless leave has been granted by a Judge to appear by telephone or video-link.
  3. Any application to appear by telephone or video conference must provide reasons for the application for leave and be directed by email to the Associate to the senior Judge listed in Applications in the relevant week, by no later than 1.00 pm on the day before the hearing. A party applying for leave to appear by telephone or video-link must first seek the consent of any other party and provide every other party’s response at the time of making the application.
  4. If the court provides a time for a party or parties to appear by telephone or video-link, those parties must be ready to connect by the relevant method at least ten minutes before the appointed time.
  5. All parties/legal representatives are required to respond, by email to the Applications list manager, by no later than 2.30 pm on the day before the matter is listed to be heard, providing the information requested.
  6. Consistent with the obligation under rule 5 of the Uniform Civil Procedure Rules 1999:
    a. Wherever possible parties are encouraged to take active steps to resolve matters by agreeing on orders that may be made by consent in a timely way and otherwise cooperate to narrow the scope of the issues in dispute.
    b. For any matters requiring an oral hearing, parties and practitioners are encouraged to ensure submissions, affidavits and draft orders are provided by email to the other party(ies) ahead of time.
    c. If the parties and legal representatives have exchanged submissions, then submissions can be provided to the Associate to the Senior Judge in Applications in advance, with the consent of all parties.

The amended protocol can be found on the courts website.

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