In forceAs enacted

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Supreme Court of Judicature (Intellectual Property) Rules 2022 · As enacted · Part 2 · Simplified Process for Certain Intellectual Property Claims

8. Active management at case conference, etc.

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(1)

Order 9 (case conferences, applications in action, etc.) of the Rules of Court applies subject to this rule.

(2)

At a case conference, the Court must —

(a)

give directions on all matters that are necessary for the case to proceed expeditiously; and

(b)

if practicable, give directions to ensure that the trial of the case is completed within 2 days.

(3)

All directions under paragraph (2) must, if practicable, be made at a single case conference.

(4)

Without limiting paragraph (2), directions given under that paragraph may include directions on the following matters:

(a)

identifying and narrowing the main factual and legal issues in dispute;

(b)

identifying the most similar prior art where the dispute involves the validity of a patent;

(c)

the evidence that may be given (including survey evidence);

(d)

the number of affidavits and witnesses;

(e)

the timelines for filing and serving affidavits;

(f)

the timelines relating to the bundle of documents mentioned in Order 9, Rule 25(9)(b) of the Rules of Court;

(g)

the date and duration of the hearing;

(h)

the time for the examination of each witness.

(5)

Without limiting Order 9, Rule 9(2), (3) and (4) of the Rules of Court, the single application pending trial may deal with the matters mentioned in paragraph (4).

(6)

At a case conference, if the Court considers that it is not practicable for the trial of the case to be completed within 2 days, the Court may consider making an order under rule 5(3) for this Part not to apply to the case.

(7)

Order 9, Rule 9(5) of the Rules of Court does not apply.

Subregulation 1