Administrative Notice NSW 4

This Administrative Notice is REVOKED

On 25 October 2016, as part of the National Court Framework (NCF) reforms, all existing Administrative Notices were revoked and 26 new national practice notes were issued, effective immediately.

There will no longer be any administrative state-based notices.

To assist Court users to understand the changes to the practice documents, the Court has prepared:

Related proceedings

New South Wales District Registry

RTF version (46.2 kb)

1.  This Administrative Notice applies to proceedings commenced in the NSW Registry and replaces Administrative Notice NSW 4 issued on 6 December 2010.

Purpose

2.  The purpose of this Administrative Notice is to set out arrangements to assist with allocation of related proceedings to the same docket judge.

The overarching purpose of the civil practice and procedure provisions identified in s. 37M of the Federal Court of Australia Act 1976 (Cth) is to facilitate the just resolution of disputes according to law as quickly, inexpensively and efficiently as possible. Appropriate allocation of related matters assists in achieving this purpose.

Procedure for listing related proceedings

3.  At the time of filing a new proceeding, a filing party is to inform the Court in writing of any apparently related proceedings of which that party is aware that might be suitable to be listed before the same docket Judge. The filing party must give sufficient details in writing about the proceedings, and the reasons why they are related, to provide an understanding of why they might be suitable (or not suitable) to be so listed. The filing party must include any other relevant information such as details of any consent by affected parties to the matter(s) being listed before the same judge.

What are related proceedings?

4.  Circumstances where it may be appropriate for related proceedings to be listed before the same judge include, for example, disputes that:

  • arise between the same parties or have parties in common
  • arise from the same or similar facts, circumstances or transactions
  • involve similar issues such as common questions of law and or fact
  • while not technically related, have sufficient commonality to warrant case management by a single judge.

If related matters are not identified as such by the parties until after allocation to separate docket judges, it will be necessary for parties to draw this to the attention of the relevant docket judges either by correspondence with the associate before the first directions date or in court at the first return date.

At the first directions hearing

5.  At the first return date:

  • the docket judge will consider any request or objection to the suitability of the proceedings being case managed and conducted by a single docket judge
  • it is expected that the parties will inform the Court as to their positions on the future conduct of the proceedings including whether any orders will be sought for consolidation of proceedings

Qualifications

6.  Nothing in this Administrative Notice:

  • precludes a party at any time, from making an application under the Court Rules for, or submissions as to the suitability of, the consolidation of the proceedings
  • fetters the powers of the Court to make any order at any time in relation to the conduct, management, hearing or determination of the proceedings including ordering the allocation of any of the proceedings to the docket of another judge

 

Michael Wall
NSW District Registrar
2 August 2011