Order 13 — the Listings Rules — sets out a monthly cycle. Understanding where an appeal sits in that cycle is what allows you to predict when it will be heard.
The structure
| List | What it contains | Rule |
|---|---|---|
| General List | All matters registered in the Registry, with a current status report | O 13 r 6 |
| Callover List | Substantive matters in which a book has been filed | O 13 r 7 |
| Directions List | Matters the Registrar has determined are ready for hearing | O 13 r 8 |
| Draft Hearing List | Matters listed for hearing at the Directions Hearing | O 13 r 12 |
| Hearing List | Matters with hearing dates confirmed at the Status Conference | O 13 r 12 |
Order 13 Rule 6(2): when a matter is filed in the Registry, it shall be immediately listed in the General List. Rule 6(3): all matters other than election petition reviews shall be called over, have their status checked by the Duty Judge and be listed for hearing in accordance with these Rules.
Order 13 Rule 7
(2) No substantive matter shall be added to the Callover List unless a book is filed.
(6) A substantive matter shall be added to the Call over List when the Book is filed.
(7) The Registrar shall call all matters on the call over list, once every month on the second Tuesday of the month, and may (a) refer matters to the Directions List, for directions for setting down of the matter for hearing; or (b) remove a matter from the call over list to the Summary Determination list.
A matter that is not progressing can be moved to the Summary Determination list, where under Order 13 Rule 16 the Court or a Judge may determine it summarily — on application, on referral by a Judge, on the Court’s own initiative, or on a Registrar’s referral, including under section 11 of the Supreme Court Act.
Order 13 Rule 8
There shall be a Directions List prepared after the callover containing all matters that are ready for hearing as determined by the Registrar. A Directions Hearing shall be conducted by the Duty Judge on the first Monday of the circuit month.
Notice is given by the Registrar in Form 10A immediately after the callover. Where parties are represented, a lawyer who has carriage or knowledge of the matter must attend.
Legal representation; the grounds of appeal or review; the issues; availability of National Court depositions including the primary judge’s reasons; the typed transcript; filing of the Index to the Book and its certification; any other issues about the contents of the Book; the manner of presentation of arguments, including when extracts and submissions are to be filed under Order 11 Divisions 9 and 10; whether further directions should issue or hearing dates can be allocated; and the allocation of hearing dates.
On fixing a date, the Registrar adds the matter to the draft Hearing List and issues a Notice of Hearing in Form 18, which shall be taken out by the appellant’s or applicant’s lawyer and served on the other parties immediately after the Directions Hearing. The Duty Judge then refers the matter to the Status Conference.
Order 13 Rule 10
At the Status Conference the Duty Judge reviews each matter on the draft Hearing List and may issue further directions, or confirm readiness by checking —
(a) compliance with directions issued at the Directions Hearing; (b) the correctness of the Book; (c) whether to refer to summary determination matters that have not complied; (d) the length of hearing time; (e) that written submissions have been prepared and filed; (f) that the parties have prepared extracts of submissions under Order 11 Rule 18; (g) the date or dates for the hearing.
The Duty Judge may confirm the date, adjourn the Status Conference to allow compliance, or refer the matter for summary determination. A summary is recorded by the Associate in Form 10B and placed on the file.
Order 13 Rule 12
Within 2 days of the Status Conference a Hearing List shall be prepared by the Registrar in consultation with the Duty Judge’s Associate, and issued to all of the parties in the list.
The Hearing List is not subject to alteration except by the Chief Justice or the Court before which the matter is listed.
The hearing of a matter shall proceed on the date and time fixed in the Hearing List.
If a matter is not heard at the appointed time it must not be adjourned generally: it must be fixed or adjourned to the next sittings, the next callover, or the next Directions Hearing, whichever is appropriate.
Rule 8A
All interlocutory applications and processes, including applications to adduce fresh evidence, to dismiss an appeal for abuse of process or for want of prosecution or for failure to comply with directions of a Judge, and objections to competency, shall be heard at a separate and distinct hearing and determined before the substantive matter to which they relate is set down for hearing — unless a Judge determines in a particular case, in consultation with the parties, that it is in the interests of justice for another procedure to apply.
So an appeal facing an objection to competency does not reach the Hearing List until the objection is decided.
Sources
- Supreme Court Rules 2012 — O 11 rr 12–22; O 13 rr 6–12, 16; Forms 10A, 10B, 18
- Supreme Court Act (Chapter 37) — s 11
Before relying on anything here, read the current text of the Supreme Court Rules 2012 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.