Courts

and Litigation

Courts and Litigation


The Litigation Law and Practice Committee analyses the law, court procedures and practices, and the conduct of civil litigation in all jurisdictions.

The Committee provides the following resources for solicitors.

General federal law cases can now be conducted in the Parramatta registry of the Federal Circuit Court of Australia

The Federal Circuit Court of Australia has announced that it will commence a General Federal Law list in the Parramatta registry from 1 January 2019.

All of these matters will be docketed to Judge Obradovic who will conduct between 8-10 weeks of sittings to hear general federal law cases in Parramatta.

Filing

There will be no changes to the existing practice of filing all general federal law matters in the Sydney registry (Queens Square).

Allocation of matters to Parramatta

A limited number of matters with an address for service of the applicant (whether represented or unrepresented) that is closer in geographical proximity to the Parramatta Registry than to the Sydney Registry will be allocated to the Parramatta list.

It is anticipated that matters such as migration, industrial and human rights cases will form part of this list.

For further enquiries, please send your email to: nswdr@fedcourt.gov.au

NSW Online Registry and Online Court

The Law Society has worked with the NSW Department of Justice to develop information on a number of common questions and concerns about using the Online Registry and Online Court.

Download NSW Online Registry and Online Court: Common Questions.

Further information about the NSW Online Registry and Online Court is available at https://onlineregistry.lawlink.nsw.gov.au/content/.

Search Orders

Under harmonised Rules and Practice Notes, State Courts of Appeal, Supreme Courts, the Federal Court and Federal Circuit Court have the power to make urgent, ex-parte orders for search and removal of material for the purpose of securing or preserving evidence. These are known as Search Orders (formerly known as Anton Piller Orders).

The Law Society has prepared the following guidance to assist the parties and the independent solicitor, who is appointed by the Court to supervise the search for evidence that is the subject of the Search Order.

Download the Guidelines for the Independent Solicitor.

Download the Checklist for the Independent Solicitors.

Download the Guidelines for the Applicant’s Solicitor

Download the Guidelines for the Respondent.

Working with Barristers

Working with Barristers is a publication for solicitors that provides information about the relevant law and established practices governing the relationship between barristers and solicitors in NSW. The Law Society is pleased to publish the third edition of this guide.

Download the revised version of Working with Barristers

Case management options in Federal Court matters

Practitioners with matters in the Federal Court are required to consider how they can best work with the court and other parties to facilitate the just resolution of disputes according to law as quickly, inexpensively and effectively as possible. The Law Society has provided guidance for practitioners on options for achieving this.

Download the information on case management options in Federal Court matters

Guidelines for dealing with self-represented parties in civil proceedings

The Guidelines aim to assist practitioners dealing with self-represented parties in civil proceedings.

Download the Guidelines for dealing with self-represented parties in civil proceedings

Online application of the Solicitors' Conduct Rules

Practitioners are reminded that the Legal Profession Uniform Law Australian Solicitors' Conduct Rulesapply to their communications with opponents and the courts, including in the Online Court environment.

Download a paper prepared by the Litigation Law and Practice Committee

Information Barrier Guidelines

The Guidelines aim to assist law firms to guard against the risk of a breach of the duty of confidentiality owed to former clients.  The document was updated by the Committee in 2015.

Download the Information Barrier Guidelines

Communicating with the Federal Circuit Court

The Federal Circuit Court resource for practitioners about communicating with judges' chambers is available here

Local Court - Case management

The Local Court Practice Note that applies to the case management of civil proceedings is available here

District Court - Case management

There have been cases of solicitors being under-prepared when appearing at directions hearings in the District Court. The following documents may assist practitioners to understand what is expected of them in District Court civil proceedings. 

Updated Standard Orders for Hearings

Case Management in the General List

Court Approval of Settlements

Email procedures

Note Settled List

Order for mediation before a Registrar

Notice - CML Show Cause hearings

James Howard, Judicial Registrar of District Court of NSW, has prepared a paper to give practitioners an insight into the practitioner matters required for case management in the Civil Jurisdiction of the District Court of NSW, principally in the Sydney Case Managed List.

Download the paper

Providing for the costs of mediation when no agreement is reached and litigation continues

When parties go to mediation they do not always specify with precision what is to happen with the costs of the mediation if it is unsuccessful and the litigation proceeds. This informative paper outlines the outcome of two recent cases in this area.

Download the paper

Court Attire Policy: Supreme Court

The Chief Justice published a Court Attire Policy for barristers on 20 September 2007.

Transcripts

Information about transcript order forms and fees is available here.