Common Law Division
Process for Entry into Serious Injury Expedited List Pilot
The Common Law Division introduced a Serious Injury Expedited List Pilot Process in 2016 which will see Serious Injury Applications listed for hearing within a period of 49 days. The attachment includes the process and form for entry into the list.
Operation and Management of the Common Law Division.
The Common Law Division comprises of eight lists;
- Applications List
- Defamation List
- Family Property List
- General List
- Medical List
- Serious Injury Applications List
- WorkCover List
- Confiscation List
Practitioners are referred to the New Format Consent Orders and the Civil Directions Group Guidelines and Orders published on the Civil Directions Group page.
Practitioners are encouraged to submit orders on the papers to the Directions Group as early as possible (at least 24 hours) prior to the administrative mention or directions hearing date.
Standard orders on the papers for a First Administrative Mention for the Defamation List, General List and Serious Injury Applications List are available on following links below.
The standard short form mediation order is understood to encompass the Standard Mediation Procedures.
Time estimates to be given for all Civil Directions Hearings and Summonses
The Head of the Common Law Division is His Honour Judge O'Neill in consultation with the Manager of Civil Listings Justin Hargreaves request that when a party or parties request a Summons to be issued or a Directions Hearing, the requesting party or parties must advise the Court, upon application, of the estimated time required for the hearing.
If the time estimate changes substantially, Civil Listings must be advised of that change as soon as practicable.
At the discretion of Civil Listings, any Directions Hearings with a time estimate exceeding 1.5 hours may be placed into the Civil Reserve List for the day on which it is listed.
Order 34A.06 of the Rules of Court provides for the Common Law Division to be divided into the above Lists. Practice Notes for each List are published on the relevant List Page.
Constitution of the Common Law Division
The Common Law Division established under Order 34A.03 of the Rules of Court.
The Common Law Division shall consist of –
(a) any proceeding in which the plaintiff has in accordance with Rule 47.02(1) signified that the plaintiff desires to have the proceeding tried with a jury
(b) any proceeding in which the plaintiff claims the recovery of damages
(I) founded on tort (including breach of statutory duty)
(II) for wrongful dismissal
(c) any proceeding commenced by originating motion in which the plaintiff applies for an order under
(I) section 23A of the Limitation of Actions Act 1958
(II) section 93 of the Transport Accident Act 1986
(III) section 134AB or 135A of the Accident Compensation Act 1985
(IV) Order 32
(V) section 6 of the Choice of Law (Limitation Periods) Act 1993
(d) any claim arising under section 138 of the Accident Compensation Act 1985 or section 107 of the Transport Accident Act 1986
(e) any proceeding under
(I) the Accident Compensation Act 1985, except an application under section 134AB, a proceeding under section 135A or a claim arising under section 138 or
(II) the Workers Compensation Act 1958.
The cases in the Serious Injury Applications List comprise applications pursuant to s.93 of the Transport Accident Act, and s.135A and s134AB of the Accident Compensation Act 1985.
Directions Hearings in the Damages Division - except for matters listed in Medical List and the WorkCover List - for the Melbourne Registry cases will be conducted by Judge Davis. In addition all circuit court directions hearings (apart from the circuit callover, which is managed by the circuit Judge) will be conducted by Judge Davis by video-link on nominated days. From time to time these arrangements may vary.
Management of cases in the Common Law Division
The information below applies to cases in the following Lists.
- the Applications List
- the Defamation List
- the General List
- the Serious Injury Application List
Proceedings are entered in the Common Law Division by the plaintiff's practitioner nominating the Division and List in the Request to Enter List form (found in the Civil Forms section) at the time the proceeding is issued.
The filing of an Appearance on behalf of a defendant will automatically trigger the notification to the parties of a date for an Administrative Mention. A notice will be sent by the Court to the parties requiring the parties to submit proposed consent orders to the Court by a nominated date. The Administrative Mention date will be at least 49 days after Appearance to allow time to prepare appropriate consent orders. No appearance in Court is required on this date.
By the date set, draft consent orders signed by all parties on the record, are to be submitted to the Judge in Charge of the List. The consent orders must be signed by all parties on the record, outline the interlocutory steps required and indicate the mode of trial.
It is expected that in the majority of proceedings the parties will themselves resolve issues arising during the interlocutory stages of the proceeding to ensure that the proceeding progresses to a hearing date at the earliest opportunity.
If there is no response to this notice by the Administrative Mention date set out above, the case may be struck out. If the parties do not agree upon appropriate interlocutory directions, the Court should be immediately requested through the Directions Group to nominate a Directions Hearing date, at which time these matters can be discussed.
- To confirm that your consent orders have been received enter your party name/s on Court Connect.
Cases in the Applications List are allocated to various civil Judges by Judge Davis.
Judge O'Neill is the Head of the Common Law Division.
Common Law Users Group
A Users' Group has been established.
Members of the profession who wish to raise any issues for consideration of that group should write to the Judge-in-charge of the Common Law Division General List.
Enquiries and Feedback
Any enquiries about the operation of the Common Law Divison should be directed to the Senior Divisional Administrator of the Common Law Division, Craig Newton: firstname.lastname@example.org
Any feedback about the operation of the List will be welcomed.