Building Cases List

Practice Note

The Practice Note PNCI 7-2013 deals with the operation of Building Cases List of the Commercial Division

Operation and Management of the Building Cases List

The Building Cases List of the Commercial Division is established under Order 34A.06(1)(e) of the Rules of Court.

Order 34A.06(7) provides that the Building Cases List shall consist of those proceedings arising out of, or in any way concerning, any agreement expressed or implied for-

(a) the design or carrying out of building works

(b) the supervision or inspection of the construction of building works

(c) the performance by an architect, designer, engineer, quantity surveyor or other expert of any services in relation to the design or construction or the supervision or inspection of building works

(d) the manufacture or provision of any materials for inclusion in building works.

Order 34A.06(8) provides that in paragraph (7) above, building works means building or engineering works of any description whatever.

Judge in Charge and contact details

Judge Anderson is the Judge in Charge of the Building Cases List of the Commercial Division.

Contacts > Judicial

Directions

Proceedings are entered in the Building Cases List of the Commercial Division by the plaintiff's practitioner nominating the List and Division in the Request to Enter List form at the time the proceeding is issued.

The filing of an appearance will trigger the directions hearing procedure approximately eight weeks after. It is expected that in the majority of cases the parties' practitioners will themselves resolve issues arising during the interlocutory stages of the proceeding to ensure that the case progresses to a hearing date at the earliest opportunity.

Directions hearing in the Building Cases List of the Commercial Division will generally be conducted by Judge Anderson each Friday at 10am. Urgent matters can be heard at short notice.

Standard Order

Practitioners are encouraged to submit orders on the papers to the Judge's Associate as early as possible prior to the directions hearing date so that the orders may be processed without requiring the attendance of the parties' practitioners.

See Civil Directions Group page for Consent Orders and Civil Directions Group Guidelines and Orders. 

See  Standard Mediation Procedures for the standard short form mediation order which is to be understood as generally encompassing the standard mediation procedures.

Directions dates and times

Generally, at 10am on each Friday of the month (except Public holidays and Court holidays), and at other times upon arrangement  with the Judge's associate in accordance with the procedures set out in the Practice Note.

Building Cases Division of the Commercial Division Users' Group

Judge Anderson, Geraldine Gray, Andrew Laird, Toby Shnookal SC, Bernard Carr, Nathan Abbott, Alex McKellar, John Permewan, Nicole Feeney.

Enquiries and Feedback

Any enquiries about the operation of the Building Cases List of the Commercial Division should be directed to the Associate to the Judge in Charge. 

Contacts > Judicial

Any feedback about the operation of the Building Cases List will be welcomed.

Registry contact for the building cases list - Should refer to Christina Giardina on (03) 8636 6516 (not Ms Dianne Johnston).