Changes to Case Flow Under Practice Direction 4 of 2002

A review of case flow under Practice Direction 4 of 2002 has been undertaken in consultation with the Judges. Without requiring any change to the Practice Direction, it is proposed to streamline the case flow process:

1. The CFM1 notice will cease to be issued.

2. A CFM2 will issue as contemplated by the Practice Direction, but in the form attached. The parties no longer have to justify the failure to file a request for trial date. If the case flow plan meets requirements, the registrar will give directions in terms of the plan. If, as indicated in the letter, there is no case flow plan within the time prescribed or no acceptable case flow plan, the proceeding will be referred to a Judge. To assist parties, a standard case flow plan will be annexed to the new CFM2.

3. If there is non-compliance with the CFM2, or there is non-compliance with the case flow plan that results from the CFM2, a CFM3 in the attached form will issue and the proceeding will be referred to a Judge. In no case will the registrar deem a proceeding resolved. In no case will the registrar be required to enter into extensive dialogue with the parties about the appropriateness of a case flow plan.

Justice Atkinson will be hearing case flow matters on the last Friday of every month, commencing in 2008.  The judge will expect the parties to provide case flow plans to ensure the timely determination of the real issues in dispute, which should include:-

a. Directions that include an actual  date for compliance with each step;

b. If directions include provision for expert reports then a provision for experts to meet under rule 429B. The parties should also give consideration of the appointment of a single expert;

c. An actual date for filing a request for trial.