Civil case management in the National Court runs on the Listings Rules 2005, reproduced as Rule 9A of Order 10 of the National Court Rules 1983. They consolidate all practice directions issued between 1983 and 2004, and are in addition to Order 10 Division 1.
The listing process
“Listing process” means the process set out in this Practice Direction and in particular, Mentions, Directions Hearing, Pre-trial Conferences and Status Conferences.
| Stage | When | Purpose |
|---|---|---|
| Mention | Mondays, on a date the Court fixes; list circulated at least 7 days beforehand | The Court works through the 24-item checklist in rule 7(4) |
| Directions Hearing | Within 14 days of the mention, where the parties were not ready to assist | Orders and directions on the same 24 matters; fixes the pre-trial conference date |
| Pre-trial Conference | Within 21 days of the directions hearing | Confirms compliance; fixes the trial date |
| Status Conference | First day of the circuit month, before the trial judge | Confirms all directions complied with and the matter is ready |
The Listings Rules cover all civil cases except appeals, judicial review, commercial and election petition cases, which have their own regimes — Order 16, the Commercial List under Order 10A, and the Election Petition Rules 2017.
Under rule 4, matters listed for directions before the listings judge carry the file references WS (writ of summons), OS (originating summons), MC (matrimonial causes), WPA (wills, probate and administration), LA (lawyers admission) and MP (human rights applications, winding-up and insolvency petitions and other miscellaneous civil applications).
Rule 7(4) — what the Court considers
(a) Legal representation. (b) The Court’s jurisdiction and locus standi, and the capacity of the parties to sue and be sued. (c) Sufficiency of pleadings and the need for further pleadings. (d) Whether any condition precedent or statutory time bar issues arise. (e) Related proceedings and their consolidation. (f) Nature of the case. (g) Joinder of all necessary parties and causes of action. (h) Any cross-claim or set-off. (i) Whether parties have attempted out of court settlement. (j) Identification of the relevant factual and legal issues. (k) Documents relied on and any need for discovery. (l) Whether expert or independent assessment is required. (m) Likely length of trial and when the matter will be ready. (n) Number of witnesses, and their relevance and necessity. (o) Filing of witness statements or affidavits. (p) Issue of witness summonses. (q) Whether the parties will file a statement of agreed and disputed facts and issues for trial. (r) Medium and mode of giving evidence. (s) Any requirement for translation. (t) Further interlocutory steps needed. (u) Any necessity to transfer the proceedings to a different Court or venue. (v) Preparation of the pleadings book required by Order 10 Rule 8. (w) The date, time and venue for the pre-trial conference. (x) Such other matters as may aid in the prompt disposition of the matter.
Rule 7(7) — if the parties are ready and able to assist the Court at the mention, the Court may issue such orders and directions as it considers appropriate on the checklist matters.
Rule 7(8) — where the parties are not ready to assist, the Court shall fix a date within 14 days for a directions hearing.
So a lawyer who arrives able to answer the twenty-four questions may get directions at the mention and move straight toward a pre-trial conference. One who cannot loses two weeks and an appearance.
In a case where there has been no activity since filing, or after the last activity there has been no further meaningful activity, the Court will deal with the matter summarily. See dismissal for want of prosecution.
Rule 9 — where the trial date is fixed
The Court shall inquire into and ensure compliance with the earlier directions, and may —
(a) confirm legal representation; (b) confirm correctness of the Pleadings Book; (c) confirm the issues for trial; (d) ascertain and confirm the number of witnesses and the length of their evidence; (e) ascertain filing of the Statement of Agreed and Disputed Facts and Legal Issues in the form in Schedule “B”; (f) direct filing and service of notices under Sections 34 and 35 of the Evidence Act; (g) issue summonses for witnesses; (h) direct filing extract of submissions; (i) fix a date or dates for trial; and (j) fix a date for a status conference.
Rule 9(3) — immediately on the trial date being fixed, the Registrar shall issue to all parties a Notice of Trial/Hearing.
Rule 9(4) — the Judge’s Associate shall record a summary of the pre-trial details in the form in Schedule “C” and place it on the file.
The Evidence Act (Chapter 48) is not available on PacLII at the time of writing. Sections 34 and 35 concern notices relating to documentary evidence; the requirement to file and serve those notices comes from rule 9(2)(f) of the Listings Rules, set out above.
Rules 12 to 14
Rule 12(1) — once listed, the Registrar issues a notice of trial and places the matter on a Trial List, circulated at least seven days before the trial date.
Rule 13(1) — a trial once fixed shall not be adjourned except by leave of the Court upon sufficient cause being shown. If adjourned, it goes to a fixed date within the circuit month or to the earliest available directions hearing or pre-trial conference.
Rule 14(1) — where a party is represented, that party shall attend at all of the various listing processes with the lawyer who has the carriage and conduct of the matter and will be appearing at the trial.
It requires two things: the client attends, and the lawyer who attends is the one who will actually run the trial. Sending a junior to hold a listing, or appearing without the client, does not comply.
The rationale is practical — most of the checklist questions can only be answered by someone who knows the case and can take instructions on the spot. See what happens at trial.
Sources
- National Court Rules 1983 — O 10 rr 1–9, 8, 9A (Listings Rules 2005 rr 1–14, Schs A–C); O 10A; O 16
- Evidence Act (Chapter 48) — ss 34, 35; not available on PacLII
- Election Petition Rules 2017
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.