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 firstname.lastname@example.org. This email must be copied to all parties.
You are encouraged to consult the Commercial Registry guidelines and orders before making an application.
Please 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: email@example.com.
Sometimes the Court will require a summons to be issued in the event of a summary judgment, freezing orders or interlocutory injunctions.
To obtain a listing date and time for a summons, please contact the Commercial Registry and provide the following information:
Please note that all legal practitioners are required to e-file their summons and affidavit in support.
For all urgent applications during normal court sitting hours, please contact the Commercial Registry to obtain a listing date and time. 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.
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.
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: firstname.lastname@example.org.
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: email@example.com.
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.