Parties can request a directions hearing if they are unable to resolve a matter in its preliminary stages.
Following advice from the federal and state governments regarding the coronavirus (COVID-19), the County Court has reduced the number of in-person hearings heard before the Court.
As a result, to apply for a directions hearing before a Commercial Division Judicial Registrar, you will need to complete the Request for an interlocutory determination: Commercial Division form and return it to the Commercial Division Registry at email@example.com. This email must be copied to all parties.
You are encouraged to consult the Commercial Division practice note and orders before making an application.
Note that any request for a directions hearing in the Expedited List should be sent directly to the associate to the Commercial Division judicial registrar: firstname.lastname@example.org.
Some changes have also been made to the process for requesting summonses, as outlined below.
Some applications require a summons to be issued. The types of applications that require a summons is outlined in Section 24.2 of the Commercial Division practice note (PNCO 1-2019).
When making an application by summons, please use the updated template Form 46A Summons: oral hearing by Zoom for a summons to be heard by way of oral hearing on videoconferencing software Zoom.
If you are seeking to make an application by summons, please email a draft summons to the Commercial Registry, copied to all parties.
You are required to provide an estimated duration of the hearing and any unsuitable dates for the parties.
Once your request to file a summons has been processed by the Commercial Registry, you will be advised by email of the next steps for filing your summons.
For all urgent applications during normal court sitting hours, please contact the Commercial Registry. This will be referred to the associate to the Commercial Division duty judge. Examples of urgent applications include interlocutory injunctions, freezing orders and search orders. In the absence of exceptional circumstances, all oral hearings will be conducted via videolink application or telephone.
For all urgent civil applications outside of the Court's normal sitting hours, please contact the associate to the duty judge. This telephone number is for urgent civil applications only. Staff cannot provide legal advice or respond to queries relating to criminal matters, upcoming hearing dates or warrants. You can contact the associate to the duty judge on 0419 384 312.
|18 January–12 February||Judge Cosgrave|
|12 February–12 March||Judge Marks|
|12 March–16 April||Judge Ryan|
|16 April–14 May||Judge Woodward|
|14 May–11 June||Judge Macnamara|
Parties may seek a review of any decision made by a judicial registrar.
Complete the relevant form and submit it within 14 days of the decision.
The hearing of the application will be listed by the Commercial Registry before the duty judge at the next available date.
Judicial resolution conferences will ordinarily be conducted by a judicial registrar as a mediation.
Judicial resolution conferences are considered to be of most value where:
A judicial resolution conference may be requested by email to the Commercial Registry: email@example.com.
The subject heading should read ‘Request for judicial resolution conference’. The email should set out the reasons why a judicial resolution conference is appropriate in the circumstances.
A garnishee summons is a court order to an institution, body or person who holds funds owing to the judgment debtor. It allows money to be paid to the judgment creditor to satisfy the debt.
An application for leave to file and serve a garnishee summons should be emailed to the Commercial Registry: firstname.lastname@example.org.
The application should be supported by an affidavit:
If leave is granted to issue a garnishee summons, the garnishee summons form 71A must be e-filed with the Registry within 30 days of making the order.
The Registry will then issue the summons allocating a date at least 14 days from the date of issue.
For further information, see the garnishee summons procedure.