Practice Note SC CL 3 (Second revision) sets out the types of proceedings which should be initiated in this List and provides information concerning their management.
Proceedings involving dust-related conditions should be initiated in the Dust Diseases List (see Practice Note SC CL 2 (Second revision).
If the primary cause of action against the defendant is an intentional tort, the proceeding should be initiated in the Major Torts List (see Practice Note SC CL 4 (First revision)).
Aside from dust diseases, personal injury proceedings in which the cause of action arose in regional Victoria or where the majority of witnesses or parties reside in regional Victoria should be initiated in the Civil Circuit List (see Practice Note SC CL 1 (Second revision)).
Judges in charge
The Honourable Justice Forbes
The Honourable Justice O'Meara
Associate judge
The Honourable Associate Justice Irving
Judicial registrar
Judicial Registrar Baker
Self-represented litigants will find useful information about the Court's processes in the Representing Yourself pages.
A team of lawyers assists the judicial officers with the management of proceedings in the List. They perform a range of tasks including: review of pleadings and other material; assessment of proposed consent orders; preparation of matters ahead of hearings; and liaison with the Profession.
Directions will be given for the management of a proceeding in the List at a First Directions Hearing. The Court will contact the parties after the filing of the first defence, and no summons for directions is necessary. At or shortly after the First Directions Hearing, a trial date for the proceeding will be fixed. Parties are encouraged to seek consent orders 'on the papers' concerning the trial date and interlocutory timetable. Requests for such orders are to be made using the Request for Consent Orders First Directions form.
All interlocutory applications (including applications to adjourn or vacate the trial date) should be made on summons in accordance with Practice Note SC CL 3 (Second revision).
All proceedings will be listed for a Post Mediation Directions Hearing two to three weeks after the date mediation has been ordered to have occurred, and a Final Directions Hearing approximately four weeks before the trial date will be listed to confirm readiness for trial. Attendance at these directions hearings is compulsory and requests for adjournments will only be granted in extraordinary circumstances.
All persons appearing at directions hearings must have a good working knowledge of the matter and be in a position to advise the Court on its progress and readiness for trial. It is the Court's expectation that the practitioner with the conduct of the file, or a person sufficiently briefed such that all questions from the bench can be addressed, will appear at the Final Directions Hearing. Non-admitted persons are required to seek leave to appear prior to the date of any hearing by way of the List email address below.
The Common Law Division has introduced a 'Fast-Track Pilot' case management procedure for single defendant, quantum only motor vehicle accident proceedings where the parties have engaged in pre-litigation alternative dispute resolution processes pursuant to the Transport Accident Act Common Law Protocols.
The Fast Track Pilot commenced on 1 January 2019 and is aimed at expediting the hearing and determination of such matters. For eligibility criteria and case management procedures, see the Notice to Profession - Fast Track Pilot - Motor Vehicle Accident Damages Proceedings.
Parties are reminded of the requirement to order transcript for trials and should consider the requirements for ordering transcript contained in Practice Note SC GEN 7 Transcript in Civil Proceedings (Second revision).
Judgments
Seminars and speeches
- The dos and don'ts of virtual hearings webinar - June 2020
- How to make effective interlocutory applications seminar - Nov 2019
- Supreme Court Wellbeing seminar - May 2019
- Personal injuries and dust diseases seminar - August 2015
- Applications in the Personal Injuries & Dust Diseases Lists - seminar April 2016
- Preparing for Mediation in Personal Injury Proceedings - seminar April 2017
- Expert Evidence in Personal Injury Proceedings - seminar May 2018
- Paperless trials and in-court technology - November 2018
General enquiries in relation to the Personal Injuries List should be directed to crefbany.vawhevrf@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@seirujni.lanosrep .
Parties are reminded that any correspondence with the Court must be sent simultaneously to all other parties and must be confined to uncontroversial matters. For further information about communication with the Court, see para 6 of Practice Note SC Gen 4 Custom and Protocol.