New PD governs civil caseflow management

Editor’s note: Chief Justice Helen Bowskill issued an updated version of Supreme Court Practice Direction 9 of 2023 on 16 May 2023.

Chief Justice Helen Bowskill has issued Supreme Court Practice Direction 9 of 2023, which governs the scheme for caseflow management of civil proceedings in the Supreme Court of Queensland.

The aim of the practice direction, released today and effective from 1 May, is to “facilitate the procedurally fair, efficient, timely, and cost effective resolution of civil proceedings”.

Under the practice direction, the Resolution Registrar will manage the Caseflow List subject to the supervision of the Caseflow judge. The Caseflow management process will otherwise remain unchanged:

  • A case flow intervention notice will be issued where a Request for Trial Date has not been filed within 180 days of the filing of the defence.
  • The parties may submit consent orders agreeing directions designed to progress the matter to resolution, by trial, mediation or negotiated agreement, in a cost-effective and timely way.
  • The parties may be required to attend a Caseflow conference with the Resolution Registrar and the matter may be further reviewed by the Resolution Registrar or the Caseflow judge.
  • Non-compliance with the practice direction or directions made under it may be referred to the Caseflow judge.

Practitioners should be aware that Practice Direction 9 of 2023 applies to all civil proceedings commenced by claim, or ordered to proceed as if commenced by claim, in Brisbane, and to any other civil proceeding, if ordered by the court. It does not apply to proceedings already on another managed list. Matters which are already on the Caseflow Management List will remain on the List.

As commencement will not take effect until 1 May, legal practitioners will be provided information at two further Caseflow review hearings currently scheduled for 31 March and 28 April 2023.

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