No honest answer gives a single figure. What can be given is the timetable the Rules impose, and where cases actually lose time.
Order 1 Rule 8
The National Court Rules 1983 are applied with a view to the just, quick and cheap disposal of proceedings, and Order 1 Rule 7 allows the Court to dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.
In criminal matters the standard is constitutional: Order 1 Rule 2 of the Criminal Practice Rules 2022 exists to ensure the right under Constitution section 37(3) to be afforded a fair hearing, within a reasonable time by an independent and impartial court.
Fixed periods
| Step | Time |
|---|---|
| Validity of a writ for service | Two years from filing — and Order 4 Rule 13(2) forbids extending it |
| Notice of intention to defend | Not less than 30 days after service — O 4 r 11 |
| Defence | 14 days — O 8 r 4; but 60 days for the State |
| Mediation | Object of completion within two calendar months of the mediator’s appointment — ADR Rules O 2 r 9(2) |
Order 2 Rule 2(1) of the ADR Rules 2022: after their commencement no further step may be taken in any proceedings after the filing of the defence, the expiry of the time for filing it, or the first appearance in Court — unless leave to dispense with mediation is granted.
That adds a defined stage to every case. It also creates the best opportunity to end one early. See court-ordered mediation.
Order 10 Rule 9A
The Listings Rules, reproduced as Order 10 Rule 9A, provide for mentions, directions hearings, a pre-trial conference and a status conference before a matter is listed for trial — with a checklist of matters to be settled at each. See directions hearings and setting down for trial.
They also provide for summary disposal of matters that are not being prosecuted.
- Service. A defendant who cannot be found consumes months — see substituted service.
- Discovery. Order 9 disputes are a common source of delay.
- Interlocutory applications. Each has its own timetable and its own costs.
- Preparation. Expert reports and witness statements take longer than expected.
- Listing. A trial date depends on the Court’s calendar.
Where targets are set
Fraud and corruption. Order 4 Rule 8 of the Criminal Practice Rules 2022 — a directions hearing within 21 days after the mention date, and the trial fixed to take place within 4 months from the committal. See FC case management.
Election petitions. A directions hearing within 28 days after the date of filing, a pre-trial conference within 28 days after the directions hearing, and a status conference at least five days before trial. See election petition directions.
Appeals. A directions hearing within 14 days of receipt of the notice of appeal, and a pre-hearing conference within 30 days. See appeals to the National Court.
Order 10A exists to expeditiously resolve commercial matters, with one Judge managing all pre-trial steps and a standard pre-trial order in Schedule B. See the Commercial List.
Four ways a case finishes sooner
- Settlement at mediation. Now the most likely early ending, because mediation is a required stage. A mediated agreement has the same force and effect as an ordinary contract, and can be embodied in a consent order under section 7D(3) of the National Court Act (Chapter 38). See successful mediation.
- Default judgment where the defendant does not respond — though against the State the periods are longer and the judgment is usually for damages to be assessed.
- Summary judgment under Order 12 Division 4 where there is no real defence.
- Deciding a question separately. Order 10 Division 4 allows a question to be determined before trial, and where the decision substantially disposes of the proceedings the Court may dismiss the proceedings, direct the entry of any judgement, or make any other order. See separate questions.
Where mediation does not fully resolve a proceeding, Order 2 Rule 3(8) of the ADR Rules requires the parties, with the mediator’s assistance, to agree and settle the relevant facts on which the remaining issues arise. A case returning with agreed facts and defined issues is a materially shorter trial.
The same object underlies the pre-trial statement and the statement of agreed and disputed facts in the listing process.
Remedies for delay
Apply for directions. Order 1 Rule 12 allows an application for directions where the Rules do not say what to do — see applying for directions.
Use the listing process. Raise the delay at the next mention.
Seek costs. Order 22 Rule 20: where any person fails to comply with the Rules or an order, the Court may order him to pay the costs of any other person occasioned by the failure.
In a criminal matter, apply under section 552 of the Criminal Code to be brought to trial — orally or in Form 28, with no fee. See delay in criminal cases.
Rule 11 of Order 18 Division 1A puts the principle plainly for appeals: proceedings shall not be adjourned generally, even by consent, and where time is needed the matter is adjourned always to a fixed date (if appropriate) with liberty to restore.
Apply the same discipline generally — see adjournments.
Do not give a single figure. Explain the stages, identify which are within the client’s control, and give a realistic range with the assumptions stated — then revise it as the case moves.
Sources
- National Court Rules 1983 — O 1 rr 7, 8, 12; O 4 rr 11, 13; O 8 r 4; O 9; O 10 r 9A; O 10A; O 18 Div 1A; O 22 r 20
- Alternative Dispute Resolution Rules 2022 — O 2 rr 2, 9
- Criminal Practice Rules 2022 — O 1 r 2; O 4 r 8; O 6 r 7
- Election Petition Rules 2017 — rr 13–15
- Constitution — s 37(3)
Before relying on anything here, read the current text of the National Court Rules 1983 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.