Skip to content

Part 2 · Overview

6. Conduct of case conference (P. 2, r. 6)

Feedback & support
(1)

At a case conference, the Court may do all or any of the following:

(a)

consider any matter including the possibility of settlement of all or any of the issues in the proceedings and require the parties to provide the Court with any relevant information that it thinks fit;

(b)

give any directions, including any directions under Part 3 of these Rules;

(c)

dispense with any requirement under these Rules as the Court considers appropriate or necessary;

(d)

extend the time under these Rules or any direction of the Court for the filing of any document or affidavit;

(e)

grant permission to any party in relation to any matter under these Rules for which the Court’s permission is required, despite that party not filing an application to obtain that permission.

(2)

Without affecting paragraph (1), the Court may, at a case conference, give any directions that the Court thinks fit in relation to any of the following matters:

(a)

the filing of pleadings or affidavits in order to identify —

(i)

the issues in the action; and

(ii)

any person who is not a party to the action but who will or may be affected by any judgment given in the action;

(b)

in the case of a probate action, the exchange of affidavits of testamentary scripts by the parties;

(c)

the issuance and service of a notice of action on any person who is not a party to the action but who will or may be affected by any judgment given in the action;

(d)

the capacity, as trustee, personal representative or mortgagee, in which any party sues or is sued.

Subregulation 1

At a case conference, the Court may do all or any of the following:

(a)

consider any matter including the possibility of settlement of all or any of the issues in the proceedings and require the parties to provide the Court with any relevant information that it thinks fit;

(b)

give any directions, including any directions under Part 3 of these Rules;

(c)

dispense with any requirement under these Rules as the Court considers appropriate or necessary;

(d)

extend the time under these Rules or any direction of the Court for the filing of any document or affidavit;

(e)

grant permission to any party in relation to any matter under these Rules for which the Court’s permission is required, despite that party not filing an application to obtain that permission.

Subregulation 2

Without affecting paragraph (1), the Court may, at a case conference, give any directions that the Court thinks fit in relation to any of the following matters:

(a)

the filing of pleadings or affidavits in order to identify —

(i)

the issues in the action; and

(ii)

any person who is not a party to the action but who will or may be affected by any judgment given in the action;

(b)

in the case of a probate action, the exchange of affidavits of testamentary scripts by the parties;

(c)

the issuance and service of a notice of action on any person who is not a party to the action but who will or may be affected by any judgment given in the action;

(d)

the capacity, as trustee, personal representative or mortgagee, in which any party sues or is sued.

Report

Part 3

General Matters

Part 4

Parties to Proceedings and Causes of Action

Part 5

Amicable Resolution of Cases

Part 6

Non-Contentious Probate Proceedings

Part 7

Contentious Probate Proceedings

Part 8

Inheritance (Family Provision) Act 1966

Part 9

Legitimacy Act 1934

Part 10

Wills Act 1838

Part 11

Disability

Part 12

Appeals from Applications in Actions, Registrar’S Decisions and Trials of Originating Application by District Judge or Magistrate

Part 13

Appeals from Judgments and Orders After Trial

Part 14

Transfer of Proceedings

Part 15

Contempt of Court

Part 16

Costs

Part 17

Court Fees

Part 18

Lodgment in Court, Money in Registry and Payment to Bailiff

Schedules