IN THE COUNTY COURT OF VICTORIA AT MELBOURNE Common Law Division – Serious Injury List
PROCEEDING NO: CI-
PLAINTIFF:
DEFENDANT:
Date of Document: Solicitors Code: Filed on behalf of: DX:
Prepared by: Tel No: Solicitors: Ref:
BEFORE: TYPE OF ORDER: In Chambers Order (based on signed Minutes of consent orders dated ) DATE OF ORDER :
ORDERS:
Tips for preparing orders
1. Leave the grey field boxes in place and empty for the trial date, trial fee, subpoena dates and (if applicable) jury fee dates, for Melbourne proceedings. The Court nominates these dates. (Grey field boxes will only display in the electronic version of the orders)
2. If parties are seeking a 'not before’ date for the listing of the trial, please indicate this in brackets after the grey box
3. Parties are to include dates for interlocutory steps sought
1. The proceeding is set down for hearing on (estimate days) as a Serious Injury Application.
2. OR
3. The trial listed for is vacated and the proceeding is refixed for trial on as a Serious Injury Application (estimate days).
4. The plaintiff is to pay the setting down for trial fee on or before . In default, the defendant may pay the fee within a further 21 days. If the fee is not paid the trial date will be vacated.
5. OR
6. The setting down for trial fee has been paid in this proceeding. 7. Any application to vacate the trial date is to be made at least 28 days prior to the trial date to the Judge in Charge of the Common Law Division Serious Injury List.
8. The parties are to cooperate in completing the interlocutory processes in accordance with the Rules of the Court so that the action is brought to trial as quickly as possible.
9. By 4:00 pm on , a. the plaintiff is to serve particulars of injury specifying the nature of the injury claimed to constitute `serious injury` and, where relevant, the nature of the impairment, loss of body function, mental or behavioural disturbance or disorder. b. the parties are to complete any exchange of further affidavits or medical reports to be relied on at the hearing. c. the parties are to exchange evidence establishing permanence of impairment. d. the parties are to exchange adequate material concerning loss of earning capacity.
10. By the parties are to participate in a settlement conference in accordance with the Common Law Division Practice Note.
11. No later than 28 days prior to hearing, the parties are to: a. complete any inspection and copying of documents subpoenaed under Rule 42A; b. serve any notices of intention to cross-examine witnesses; c. complete any exchange of further affidavits or medical reports to be relied on at the hearing.
12. No later than 21 days prior to hearing:
a. the plaintiff’s proposed Court Book Index is to be delivered to the defendant’s solicitor; b. the defendant’s solicitor may request delivery of any relevant taxation returns of the plaintiff which have not yet been provided. Such taxation returns to be provided within a further 7 days.
13. No later than 3 days prior to hearing, the parties are to exchange Court Books, which are to be contained in lever arch folders.
14. Court Books are not to contain:
a. more than one copy of a document; b. taxation returns (but may contain a summary of them); c. exhibit slips; d. reasons for opinion given by a Medical Panel; e. affidavits which merely exhibit documents (only the documents themselves are to be included); f. in the defendant’s case, any document already referred to in the plaintiff’s Court Book Index. 15. Taxation returns not included in the Court Books must be available for production to the Court if required.
16. Reserve liberty to the parties to apply to the Judge in Charge of the Common Law Division Serious Injury List for further directions upon giving reasonable notice to all other parties.
17. Costs reserved.
JUDGE