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    What's New > Case Management Principles

 Case Management Principles  

  • It is a paramount responsibility of the profession and the Court to maintain a viable and accessible justice system.

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  • The duties which legal practitioners owe to the Court and the duties of the Court include a duty to ensure that proceedings before the Court are conducted efficiently and expeditiously.
  • Solicitors, counsel and Judges are all under a duty to
    co-operate in resolving disputes sensibly, speedily and economically, without undermining standards necessary for the just determination of the dispute, and with proper regard to the measures necessary to properly advance and protect the client's interests.

  • The early and clear identification of the issues genuinely in dispute is critical.

  • Clients must be kept informed of issues, risks, timetables, costs and non-litigious avenues for dispute resolution.
  • Pre-trial activity should be confined to issues in dispute and undertaken only for the purpose of advancing the proponent's case or discovering and meeting the opponent's case, with interlocutory applications only brought and argued on a reasoned likelihood that their determination will be productive in the efficient overall disposition of the dispute.  
  • Rules of Court should be complied with unless otherwise agreed and Court imposed orders and directions should be complied with unless varied by the Court.
  • Cases should be made ready to be heard as soon as practicable.  
  • Mediation is part of the process of case management.
  • At the trial, evidence, including cross-examination, should be limited to that reasonably necessary to advance and protect the client's interests which are at stake in the case and the court time occupied to be as. short a time as is reasonably necessary to advance and protect those interests.
  • The way in which litigation is conducted is influenced by professional practice rules made under the Canons of Professional Conduct; Rules of Court made under the Civil Procedure Act and the extent and nature of judicial intervention.
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