Directions Group Guidelines and Orders 25 05 2012

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DIRECTIONS GROUP GUIDELINES
AND ORDERS

Authorised by Judge Davis, Judge in charge of the Damages and Compensation List
and Judge Kennedy, Judge in charge of the Commercial list. Date 09.05.2012

County Court of Victoria Directions Group Guidelines and Orders 1
Version dated 09.05.2012
DIRECTIONS GROUP GUIDELINES AND ORDERS ...... 1
New format for Consent Orders ................................................. 4

Feedback and Compliance with Consent Order guidelines ..... 5
Form for Consent Orders .................................................................................................. 5

Guidelines for submitting correspondence to the Directions
Group ........................................................................................... 7
General ............................................................................................................................. 7
Please DO NOT ................................................................................................................ 7

Consent orders ............................................................................ 7
Requests for Directions Hearing............................................................... 8
Miscellaneous ............................................................................................. 9

Timetabling Orders ................................................................... 10
Commercial List ....................................................................................... 10
Commercial List General Division Trial Melbourne......................................................... 10
Commercial List General Division Trial Circuit ............................................................... 11
Commercial List Banking and Finance ........................................................................... 12
Commercial List Building Division ................................................................................... 14
Damages and Compensation List General Division .............................. 15
Damages and Compensation List General Division Jury Trial – Melbourne ................. 15
Damages and Compensation List General Division Jury Trial – Circuit ........................ 16
Damages and Comp List General Division Jury– Melbourne Long Mediation ............... 18
Damages and Compensation List General Division Cause Trial – Melbourne ............. 20
Damages and Compensation List General Division Cause Trial – Circuit .................... 21
Damages and Comp List General Division Cause–Melbourne Long Mediation ............ 22
Damages and Compensation List Serious Injury (SIA) Division .......... 24
Damages and Compensation List SIA Division s.93 Melbourne .................................... 24
Damages and Compensation List SIA Division s.93 Circuit ........................................... 26
Damages and Compensation List SIA Division s.134AB – No JSC – Melbourne .......... 27
Damages and Compensation List SIA Division s.134AB with JSC – Melbourne ........... 28
Damages and Compensation List SIA Division s.134AB – Circuit ................................. 30
S23 Limitation of Actions Act .................................................................. 31
Section 93 together with Section 23A ............................................................................. 31
Section 23A Limitations of Actions Act – Melbourne ...................................................... 33
Damages and Compensation List Medical Division .............................. 33
Medical Division - Melbourne .......................................................................................... 33
Medical Division Circuit ................................................................................................... 35
Standard orders for an application seeking an extension of time within which to
commence a proceeding ................................................................................................. 36
Damages and Compensation List Family Property Division ................ 37
Family Property PLA writ mediation ................................................................................ 37
Family Property PLA writ case conference ..................................................................... 38
Family Property PLA OM Case conference .................................................................... 39
Family Property PLA OM Mediation ............................................................................... 41
Family Property TFM mediation ...................................................................................... 42
Family Property TFM Case Conference ......................................................................... 43
TFM Schedule (s) ........................................................................................................... 44
SCHEDULE..................................................................................................................... 44

Template orders various ........................................................... 45
Subsequent Administrative Mention (SAM) ........................................... 45
County Court of Victoria Directions Group Guidelines and Orders 2
Version dated 09.05.2012
Pleadings .................................................................................................. 46
Addition of Defendant/s ................................................................................................... 46
Substitution of Parties ..................................................................................................... 46
Amend Description of Defendant .................................................................................... 46
Joinder of Third Party...................................................................................................... 46
Application to join another party...................................................................................... 46
Amend the Writ and Statement of Claim ........................................................................ 46
Amend the Statement of Claim ....................................................................................... 46
Defence ........................................................................................................................... 47
Defence and Counterclaim ............................................................................................. 47
Defence to Counterclaim ................................................................................................ 47
Reply ............................................................................................................................... 47
Reply and Defence to Counterclaim ............................................................................... 47
Further and Better Particulars................................................................. 47
Further and better ........................................................................................................... 47
Discovery .................................................................................................. 47
Make Discovery .............................................................................................................. 47
Discovery – General ....................................................................................................... 47
Interrogatories .......................................................................................... 48
General Order for all parties ........................................................................................... 48
Answers to Interrogatories .............................................................................................. 48
Mediation................................................................................................... 48
Mediation Order .............................................................................................................. 48
Mediation Order including ‘those with ultimate responsibility’ to attend ......................... 48
Long Mediation Order 1 .................................................................................................. 48
Long Mediation Order 2 Lawyers take all necessary steps to ensure that the mediation
commences on the date and time ................................................................................... 49
Trial dates ................................................................................................. 49
List a Trial Date - Melbourne........................................................................................... 49
List a Trial Date – Circuit ................................................................................................. 49
First Circuit next year ...................................................................................................... 50
Reinstate a Trial Date ..................................................................................................... 50
Confirm a Trial Date ........................................................................................................ 50
Vacate a Trial Date – Melbourne .................................................................................... 50
Vacate a Trial Date – Circuit ........................................................................................... 50
Vacate a Trial Date & Refix - Melbourne ........................................................................ 50
Vacate a Trial Date & Refix – Circuit .............................................................................. 50
Reinstate Proceeding ...................................................................................................... 50
Payment of Fees ....................................................................................... 50
Setting down for trial fee - payment ................................................................................ 50
Setting down for trial fee – to stand ................................................................................ 51
Jury Fee – payment ........................................................................................................ 51
Jury Fee – to stand ......................................................................................................... 51
Miscellaneous Orders .............................................................................. 51
Extension of time ............................................................................................................ 51
Transfer between lists ..................................................................................................... 51
Proceedings to be listed together ................................................................................... 51
Consolidation order example .......................................................................................... 51
Service of Order on another party .................................................................................. 51
Service of Order on another party by post ...................................................................... 52
Litigation Guardian .................................................................................. 52
Appointing Litigation Guardian ........................................................................................ 52
Finalisation of Proceedings..................................................................... 52
Struck out ........................................................................................................................ 52
Struck out with right of reinstatement ............................................................................. 52
Struck out with specific right of reinstatement ................................................................ 52
Dismissed........................................................................................................................ 52

County Court of Victoria Directions Group Guidelines and Orders 3
Version dated 09.05.2012
The Civil Jurisdiction is changing the way in which consent orders on the papers are
produced at the County Court.
The new Guidelines will ensure that orders are produced as efficiently as possible
and aim to create an effective and simplified process for the parties and the Court, by
taking advantage of the use by the legal community of established technologies such
as email and the internet, to improve service delivery.

New format for Consent Orders
Parties are to submit consent orders:
 using the formatting applied to orders in this Booklet
 using the Form for Consent Orders (below) and
 using standard orders provided in this Booklet
 via email only to directions.group@countycourt.vic.gov.au
 in a word document and a PDF copy with signatures indicating
consent

 The Directions Group will enter the trial date, trial fee and jury fee dates
where required

 Parties are to include dates for interlocutory steps and administrative mention
dates sought

 The dates for interlocutory steps given by parties will be those used in the
orders prepared by the Court. Parties wanting their interlocutory timetable to
commence after the Orders appear on Court Connect should take into
account the time delay in producing orders, and extend the dates provided in
their orders.

 When using the Form for Consent Orders, leave the name of the Judge blank,
as the List Judges are sometimes unavailable to sign orders due to other
commitments and the Commercial List Duty Judge usually changes at the
end of the month.

 Some of the standard orders in these Guidelines are in a different font colour
to provide clarity where there is a choice of order to be used. Submit the
consent orders in black font.

 Tips for using the grey fields in the standard orders:
 Use F11 to move from one grey field to the next
 To repeat the same number in the next grey field, press
F11 and then F4

 Tip for searching the Booklet for content.
 Press Control and F to search the document for a word.

County Court of Victoria Directions Group Guidelines and Orders 4
Version dated 09.05.2012
Feedback and Compliance with Consent Order
guidelines
Please provide your feedback on the proposed process via email to
directions.group@countycourt.vic.gov.au by close of business 15 June 2012.

Subject to feedback, parties are asked to make the changes in their precedents
relating to the standard orders, and to comply with the guidelines by 16 July
2012.
 From 20.08.2012, correspondence that does not comply with the
guidelines may be returned.
 From 20.08.2012, correspondence will only be accepted by email, not
fax or mail. Faxed and mailed correspondence will be disregarded. This
rule will not be applied to self-represented litigants.

County Court of Victoria Directions Group Guidelines and Orders 5
Version dated 09.05.2012
Form for Consent Orders

IN THE COUNTY COURT OF VICTORIA
AT
List - Division
PROCEEDING NO: CI-

PLAINTIFF:

DEFENDANT:

Date of Document: Solicitors Code:
Filed on behalf of: DX:

Prepared by: Tel No:
Solicitors: Ref:

BEFORE: His/Her Honour Judge

TYPE OF ORDER: In Chambers Order (based on signed Minutes of consent
orders dated ) OR ( based on correspondence from (name of firm) dated
)

DATE OF ORDER:

ORDERS

JUDGE

………………………………………. ……………………………………….
Practitioner/Name of Firm Practitioner/Name of Firm
Solicitors for the Plaintiff Solicitors for the first defendant

………………………………………. ……………………………………….
Practitioner/Name of Firm Practitioner/Name of Firm
Solicitors for the second defendant Solicitors for the third Party

County Court of Victoria Directions Group Guidelines and Orders 6
Version dated 09.05.2012
Guidelines for submitting correspondence to the
Directions Group

General

 Ensure that any one sided correspondence to the court is copied to all other
parties to the proceeding and ensure that this is apparent from the face of the
correspondence

 Before calling the Directions Group, consult the following sources which
provide helpful and relevant information:

 The County Court website - http://www.countycourt.vic.gov.au

 Court Connect on the County Court website

 County Court Practice Notes of the particular Division

Please DO NOT
 Send correspondence for the WorkCover Division and Commercial List
Expedited Cases Division, to the Directions Group. Please send this material
to the Associate to the WorkCover Judge or to the Associate to the
Commercial List Duty Judge

 Copy the Directions Group in on correspondence between parties.
Correspondence copied to the Directions Group will be disregarded

 Send documents for filing to the Directions Group. Client Services require
original copies of these documents. They will not accept faxed or emailed
copies

 Send in correspondence in separate pieces with consents from different
parties and explanations in separate emails and expect the court to match
these together

Consent orders
 Ensure compliance with the certification requirements of the Civil Procedure
Act 2010

 Ensure that the court reference number is correct

 Put the court reference number in the subject of the email

 Please state clearly and briefly what action or outcome you are seeking by
submitting the correspondence

 Ensure that consent orders have been signed by all parties on the record

County Court of Victoria Directions Group Guidelines and Orders 7
Version dated 09.05.2012
 Provide explanations for applications to adjourn court dates

 For extensions to orders previously made, use the extension orders provided
in this guide

 Send in consent orders, rather than requests in letter format

 If your application is to vacate an imminent date, please indicate this in the
subject of your email. eg. Application to vacate Trial/Directions Hearing on
XXXX

 Include an order to vacate a Directions Hearing, if that is the order sought

 Vacated court dates are noted in Court Connect under Filing Entries

 For Testator Family Maintenance Applications, please advise the Court of the
names of any beneficiaries under the will, who are not already a party to the
proceeding – (See the current Damages and Compensation List Practice
Note)

 For applications to list proceedings together at trial, please include separate
minutes of consent orders for each proceeding and consent from the parties
in each proceeding. Consent orders are required in both proceedings so that
each proceeding has an order that the proceeding be listed together. Submit
these together at the same time

 Ensure that consent orders sought are appropriate for the Division

 It is expected that parties will request that the matter be set down for trial
when submitting consent orders in response to an Administrative Mention.
Parties should explain their reasons if requesting interlocutory orders and an
Administrative Mention (instead of a trial date)

Requests for Directions Hearing

 The subject of the email should read ‘Request for Directions Hearing’

 Please state clearly and briefly why a Directions Hearing is being sought

 Provide an estimate of the time required for the Directions Hearing

 Clearly outline the steps parties have taken to negotiate consent orders and
the outstanding matters in contention

 Ensure that the correspondence requesting the Directions Hearing is copied
to all other parties to the proceeding and that this is apparent from the face of
the correspondence

 IF THE APPLICATION IS URGENT, the Registry or the Directions Group
should be notified shortly after the application is emailed.

County Court of Victoria Directions Group Guidelines and Orders 8
Version dated 09.05.2012
Miscellaneous

 For applications to file a notice of ceasing to act, please consult the
information provided in the following link (also on the County Court website)
to ensure that all requirements are met: Applications to file a Notice of
Ceasing to Act

 To list together or consolidate proceedings. Refer to the orders in this
document. Proceedings that are listed together remain two separate
proceedings with two trial fees payable. Proceedings that are consolidated
become one proceeding, with one proceeding being struck out.

County Court of Victoria Directions Group Guidelines and Orders 9
Version dated 09.05.2012
Timetabling Orders
Commercial List

Commercial List General Division Trial Melbourne

Note: In general orders for interrogatories will not be made in this Division.
Interrogatories will not be permitted without a specific further order after the
submission of draft interrogatories to the Court.

1. The proceeding is set down for trial on as a Cause before a judge
sitting alone (estimate sitting days).

2. The trial listed for is vacated and the proceeding is refixed for trial on
as a Cause (estimate days).

3. 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.

4. The setting down for trial fee has been paid in this proceeding.

5. Any application to vacate the trial date is to be made at least 28 days prior to
the trial date to the Commercial List Duty Judge.

6. The parties shall cooperate in completing the interlocutory processes so that
the action is brought to trial as quickly as possible.

7. By 4:00pm on , the defendant is to file and serve a defence.

8. By 4:00pm on , the parties must deliver any request for further and
better particulars of a pleading. Any request must be answered within 30
days.

9. By 4:00pm on , each party must make discovery (including full
inspection) of the following documents:

a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.

10. All other interlocutory processes will be conducted in accordance with the
Rules of Court.

County Court of Victoria Directions Group Guidelines and Orders 10
Version dated 09.05.2012
11. By 4:00pm on , all parties are to file and serve all expert reports as to
damages and liability upon which they intend to rely together with all
supporting documentation.

12. By , the parties must have completed the mediation of the dispute.

13. The parties must notify the Court if the action settles.

14. By , each party must have issued any subpoenas under Order 42A.

15. Court Books must be prepared by the Parties, (either jointly or separately)
and filed with the Court at the commencement of the hearing.

16. Reserve liberty to the parties to apply to the Commercial List Duty Judge for
further directions upon giving reasonable notice to all other parties.

17. Reserve costs.

Commercial List General Division Trial Circuit

1. The proceeding is fixed for trial at not before the circuit
commencement date of , to be heard as a Cause (estimate
days).

2. The trial listed at not before the circuit commencement date of is
vacated and refixed for trial not before the circuit commencement date of
as a Cause (estimate days).

3. The proceeding will be set down for trial at , not before the first circuit
commencement date of 2012, to be heard as a Cause (estimate days).

4. By 11.10.2012, the parties will be advised by the Registrar at of the
date of the first circuit commencement date of 2013.

5. Alternatively, the parties (or a party) may apply to the Associate to Judge
Kennedy to have the proceeding fixed for trial in Melbourne or as a special
fixture before a Commercial Judge at the circuit court or an available court in
the vicinity.

6. 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.

OR
County Court of Victoria Directions Group Guidelines and Orders 11
Version dated 09.05.2012
7. The setting down for trial fee has been paid in this proceeding.

8. Any application to vacate the trial date is to be made at least 28 days prior to
the trial date to the Commercial List Duty Judge.

9. The parties shall cooperate in completing the interlocutory processes so that
the action is brought to trial as quickly as possible.

10. By 4:00pm on , the defendant is to file and serve a defence.

11. By 4:00pm on , the parties must deliver any request for further and
better particulars of a pleading. Any request must be answered within 30
days.

12. By 4:00pm on , each party must make discovery (including full
inspection) of the following documents:

13. All other interlocutory processes will be conducted in accordance with the
Rules of Court.

14. By 4:00pm on , all parties are to file and serve all expert reports as to
damages and liability upon which they intend to rely together with all
supporting documentation.

15. By , the parties must have completed the mediation of the dispute.

16. The parties must notify the Court if the action settles.

17. By , each party must have issued any subpoenas under Order 42A.

18. Court Books must be prepared by the Parties, (either jointly or separately)
and filed with the Court at the commencement of the hearing.

19. Reserve liberty to the parties to apply to the Commercial List Duty Judge for
further directions upon giving reasonable notice to all other parties.

20. Reserve costs.

Commercial List Banking and Finance
Note: In general orders for interrogatories will not be made in this Division.
Interrogatories will not be permitted without a specific further order after the
submission of draft interrogatories to the Court.

1. The proceeding is set down for trial on as a Cause before a judge
sitting alone (estimate sitting days).

County Court of Victoria Directions Group Guidelines and Orders 12
Version dated 09.05.2012
OR

2. The trial listed for is vacated and the proceeding is refixed for trial on
as a Cause (estimate days).

3. 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.

4. The setting down for trial fee has been paid in this proceeding.

5. 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 Commercial List Banking and
Finance Division.

6. The parties shall cooperate in completing the interlocutory processes so that
the action is brought to trial as quickly as possible.

7. By 4:00pm on , the defendant is to file and serve a defence.

8. By 4:00pm on , the parties must deliver any request for further and
better particulars of a pleading. Any request must be answered within 30
days.

9. By 4:00pm on , each party must make discovery (including full
inspection) of the following documents:
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.

10. All other interlocutory processes will be conducted in accordance with the
Rules of Court.

11. By 4:00pm on , all parties are to file and serve all expert reports as to
damages and liability upon which they intend to rely together with all
supporting documentation.

12. By , the parties must have completed the mediation of the dispute.

13. The parties must notify the Court if the action settles.

14. By , each party must have issued any subpoenas under Order 42A.

15. Court Books must be prepared by the Parties, (either jointly or separately)
and filed with the Court at the commencement of the hearing.

16. Reserve liberty to the parties to apply to the Judge in Charge of the Banking
and Finance Division for further directions upon giving reasonable notice to all
other parties.

17. Reserve costs.
County Court of Victoria Directions Group Guidelines and Orders 13
Version dated 09.05.2012
Commercial List Building Division

1. The proceeding is set down for trial on as a Cause before a judge
sitting alone, (estimate sitting days).

2. The trial listed for is vacated and the proceeding is refixed for trial on
as a Cause (estimate days).

3. The setting down for Trial fee must be paid by the plaintiff by , In default
the defendant may pay the fee within 21 days. Otherwise the hearing date will
be vacated.

4. Any application to vacate the trial date must be made to the Judge in Charge
of the Building Cases Division, or if the Judge in charge is not available, to the
Commercial List Duty Judge at least 30 days before the trial date.

5. The parties shall cooperate in completing the interlocutory processes so that
the action is brought to trial as is reasonably practicable.

6. By 4:00pm on , the defendant is to file and serve a defence.

7. By 4:00pm on , the parties must deliver any request for further and
better particulars of a pleading. Any request must be answered within 30
days.

8. By 4:00pm on , each party must make discovery (including full
inspection) of the following documents:

a. each document referred to in the party's pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party at the trial during
examination-in-chief, cross-examination or re-examination;
c. any document which may harm the party's case;
d. any document or class of documents which any other party
reasonably requests the party to discover.

9. All other interlocutory processes will be conducted in accordance with the
Rules of Court.

10. 14 days prior to mediation, all parties are to serve all expert reports as to
damages and liability upon which the parties intend to rely together with all
supporting documentation.

11. By , the parties must have completed the mediation of the dispute.

12. By , each party must have issued any subpoenas under Order 42A.

13. By 4:00pm on (two weeks before the trial date) , there must be a final
service by all parties to this proceeding of expert reports as to damages and
liability upon which the parties intend to rely together with all supporting
documentation and that no report not so served by that date shall be lead in
evidence or relied upon in cross examination or in any other way at trial by
any party except by leave of a judge or by consent of the parties.
County Court of Victoria Directions Group Guidelines and Orders 14
Version dated 09.05.2012
14. Court Books must be prepared by the Parties, (either jointly or separately)
and filed with the Court at the commencement of the hearing.

15. The parties must notify the Court if the action settles.

16. Reserve liberty to the parties to apply to the Judge in Charge of the Building
Cases Division for further directions upon giving reasonable notice to all other
parties.

17. Costs reserved.

Damages and Compensation List General Division

Damages and Compensation List General Division Jury Trial –
Melbourne

1. The proceeding is set down for trial on as a Jury (estimate
days).

2. The trial listed for is vacated and the proceeding is refixed for trial on
as a Jury (estimate days).

3. 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.

4. The setting down for trial fee has been paid in this proceeding.

5. 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 Damages and Compensation List
General Division.

6. By 4:00 pm on the is to pay the jury fee. In default, any other
party may pay the fee within a further 14 days. If the fee is not paid, the trial
will proceed as a cause.

7. The first day’s jury fee is to stand as paid in this proceeding.

8. The parties are to cooperate in completing the interlocutory processes in
accordance with the Rules of Court so that the action is brought to trial as
quickly as is reasonably practicable.

9. By the parties have leave to serve any Notice for Discovery on each
other.

10. By the party served with a Notice for Discovery must make discovery
(including full inspection) of the following documents:
County Court of Victoria Directions Group Guidelines and Orders 15
Version dated 09.05.2012
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.

11. The parties have leave to serve Interrogatories for the examination of each
other by .

12. By 4:00 pm on :

a. the parties are to exchange any medical and/or expert reports
concerning damages and liability;
b. the plaintiff is to serve particulars of special damage, loss of earnings
and loss of earning capacity.

13. By , the parties are to mediate the dispute.

14. The plaintiff is to notify the Court in writing if the proceeding settles at or after
mediation, such notification to occur as soon as possible after settlement.

15. Any subpoena under Order 42A is to be issued by .

16. No later than 28 days before the trial date:

a. the parties are to exchange any further medical and/or expert reports
concerning damages and liability, along with supporting
documentation;
b. the plaintiff is to serve any final particulars of special damages, loss of
earnings and loss of earning capacity.

17. Court Books must be prepared by the parties (either jointly or separately),
served 7 days prior to trial, and filed at the commencement of the trial with the
Judge’s Associate.

18. Liberty to apply to the Judge in Charge of the Damages and Compensation
List General Division for further directions upon reasonable notice to all other
parties.

19. Costs reserved.

Damages and Compensation List General Division Jury Trial – Circuit

1. The proceeding is set down for trial at not before the circuit
commencement date of , to be heard as a Jury (estimate days).

2. The trial listed at not before the circuit commencement date of is
vacated and refixed for trial not before the circuit commencement date of
as a Jury (estimate days).

County Court of Victoria Directions Group Guidelines and Orders 16
Version dated 09.05.2012
3. The proceeding will be set down for trial at , not before the first circuit
commencement date of 2012, to be heard as a Jury (estimate days).

4. By 11.10.2012, the parties will be advised by the Registrar at of the
date of the first circuit commencement date of 2013.

5. 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 Damages and Compensation List
General Division.

6. By the Plaintiff is to pay the setting down for trial fee. 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.

7. The setting down for trial fee has been paid in this proceeding.

8. By the is to pay the jury fee. In default, any other party may pay
the fee within a further 14 days. If the fee is not paid, the trial will proceed as
a cause.

9. The first day’s jury fee is to stand as paid in this proceeding.

10. The parties are to cooperate in completing the interlocutory processes in
accordance with the Rules of Court so that the action is brought to trial as
quickly as is reasonably practicable.

11. By the parties have leave to serve any Notice for Discovery on each
other.

12. By the party served with a Notice for Discovery must make discovery
(including full inspection) of the following documents:
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.

13. By the parties have leave to serve Interrogatories for the examination
of each other.

14. By :
a. the parties are to exchange any medical and/or expert reports
concerning damages and liability;
b. the Plaintiff is to serve particulars of special damage, loss of earnings
and loss of earning capacity.

15. By the parties are to mediate the dispute.

16. The Plaintiff is to notify the Court in writing if the proceeding settles at or after
mediation, such notification to occur as soon as possible after settlement.

County Court of Victoria Directions Group Guidelines and Orders 17
Version dated 09.05.2012
17. By any subpoena under Order 42A is to be issued.

18. No later than 28 days before the trial date:
a. the parties are to exchange any further medical and/or expert reports
concerning damages and liability, along with supporting
documentation;
b. the Plaintiff is to serve any final particulars of special damages, loss of
earnings and loss of earning capacity.

19. Court Books must be prepared by the parties (either jointly or separately),
served 7 days prior to trial, and filed at the commencement of the trial with the
Judge’s Associate.

20. Liberty to apply to the Judge in Charge of the Damages and Compensation
List General Division for further directions upon reasonable notice to all other
parties.

21. Costs reserved.

Damages and Comp List General Division Jury– Melbourne Long
Mediation

1. The proceeding is set down for trial on as a Jury (estimate
days).

2. The trial listed for is vacated and the proceeding is refixed for trial on
as a Jury (estimate days).

3. 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 Damages and Compensation List
General Division.

4. By the Plaintiff is to pay the setting down for trial fee. 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. The setting down for trial fee has been paid in this proceeding.

6. By 4:00 pm on the is to pay the jury fee. In default, any other
party may pay the fee within a further 14 days. If the fee is not paid, the trial
will proceed as a cause.

7. The first day’s jury fee is to stand as paid in this proceeding.

8. The parties are to cooperate in completing the interlocutory processes in
accordance with the Rules of Court so that the action is brought to trial as
quickly as is reasonably practicable.

9. By the parties have leave to serve any Notice for Discovery on each
other.
County Court of Victoria Directions Group Guidelines and Orders 18
Version dated 09.05.2012
10. By the party served with a Notice for Discovery must make discovery
(including full inspection) of the following documents:
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.

11. By the parties have leave to serve Interrogatories for the examination
of each other.

12. By :
a. the parties are to exchange any medical and/or expert reports
concerning damages and liability;
b. the Plaintiff is to serve particulars of special damage, loss of earnings
and loss of earning capacity.

13. The proceedings are referred to a mediator to be appointed by agreement
between the parties and failing such agreement, to a mediator appointed by
the Court.

14. The mediation is to be held at a time and place agreed by the parties and no
later than .

15. The lawyers for the plaintiff will take all necessary steps to ensure that the
mediation commences on the date and time appointed and deliver a copy of
all pleadings to the mediator.

16. The lawyers for the defendants will take all necessary steps to ensure that the
mediation commence on the date specified.

17. The mediation is to be attended by the parties and a duly authorised
representative of the parties (or their insurer). The representative must have
the necessary authority to make all decisions relevant to the conduct of the
proceedings including the authority to settle the proceedings.

18. The mediator must, before proceeding, inform all parties of the amount of the
fees to be charged in respect of the mediation. Such fees, as agreed, shall be
paid equally by the parties and the mediator may decline to proceed until the
whole of the fees are paid.

19. Subject to the direction of the Trial Judge, in the event that the mediation fails
to settle the dispute, the costs of the mediation shall be costs in the cause.

20. The plaintiff is to notify the Court in writing if the proceeding settles at or after
mediation, such notification to occur as soon as possible after settlement.

21. By any subpoena under Order 42A is to be issued.

22. No later than 28 days before the trial date:
a. the parties are to exchange any further medical and/or expert reports
concerning damages and liability, along with supporting
documentation;

County Court of Victoria Directions Group Guidelines and Orders 19
Version dated 09.05.2012
b. the Plaintiff is to serve any final particulars of special damages, loss of
earnings and loss of earning capacity.

23. Court Books must be prepared by the parties (either jointly or separately),
served 7 days prior to trial, and filed at the commencement of the trial with the
Judge’s Associate.

24. Liberty to apply to the Judge in Charge of the Damages and Compensation
List General Division for further directions upon reasonable notice to all other
parties.

25. Costs reserved.

Damages and Compensation List General Division Cause Trial –
Melbourne

1. The proceeding is set down for trial on as a Cause (estimate
days).

2. The trial listed for is vacated and the proceeding is refixed for trial on
as a Cause (estimate days).

3. 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 Damages and Compensation List
General Division.

4. By the Plaintiff is to pay the setting down for trial fee. 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. The setting down for trial fee has been paid in this proceeding.

6. The parties are to cooperate in completing the interlocutory processes in
accordance with the Rules of Court so that the action is brought to trial as
quickly as is reasonably practicable.

7. By the parties have leave to serve any Notice for Discovery on each
other.

8. By the party served with a Notice for Discovery must make discovery
(including full inspection) of the following documents:
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.

County Court of Victoria Directions Group Guidelines and Orders 20
Version dated 09.05.2012
9. By the parties have leave to serve Interrogatories for the examination
of each other.

10. By :
a. the parties are to exchange any medical and/or expert reports
concerning damages and liability;
b. the Plaintiff is to serve particulars of special damage, loss of earnings
and loss of earning capacity.

11. By the parties are to mediate the dispute.

12. The Plaintiff is to notify the Court in writing if the proceeding settles at or after
mediation, such notification to occur as soon as possible after settlement.

13. By any subpoena under Order 42A is to be issued.

14. No later than 28 days before the trial date:
a. the parties are to exchange any further medical and/or expert reports
concerning damages and liability, along with supporting
documentation;
b. the Plaintiff is to serve any final particulars of special damages, loss of
earnings and loss of earning capacity.

15. Court Books must be prepared by the parties (either jointly or separately),
served 7 days prior to trial, and filed at the commencement of the trial with the
Judge’s Associate.

16. Liberty to apply to the Judge in Charge of the Damages List General Division
for further directions upon reasonable notice to all other parties.

17. Costs reserved.

Damages and Compensation List General Division Cause Trial – Circuit

1. The proceeding is set down for trial at , not before the circuit
commencement date of , to be heard as a Cause (estimate
days).

2. The proceeding will be set down for trial at , not before the first circuit
commencement date of 2012, to be heard as a Cause (estimate days).

3. By 11.10.2012, the parties will be advised by the Registrar at of the
date of the first circuit commencement date of 2013.

4. 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 Damages and Compensation List
General Division.

5. By the Plaintiff is to pay the setting down for trial fee. 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.

OR
County Court of Victoria Directions Group Guidelines and Orders 21
Version dated 09.05.2012
6. The setting down for trial fee has been paid in this proceeding.

7. The parties are to cooperate in completing the interlocutory processes in
accordance with the Rules of Court so that the action is brought to trial as
quickly as is reasonably practicable.

8. By the parties have leave to serve any Notice for Discovery on each
other.

9. By the party served with a Notice for Discovery must make discovery
(including full inspection) of the following documents:
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.

10. By the parties have leave to serve Interrogatories for the examination
of each other.

11. By :
a. the parties are to exchange any medical and/or expert reports
concerning damages and liability;
b. the Plaintiff is to serve particulars of special damage, loss of earnings
and loss of earning capacity.

12. By the parties are to mediate the dispute.

13. The Plaintiff is to notify the Court in writing if the proceeding settles at or after
mediation, such notification to occur as soon as possible after settlement.

14. By any subpoena under Order 42A is to be issued.

15. No later than 28 days before the trial date:
a. the parties are to exchange any further medical and/or expert reports
concerning damages and liability, along with supporting
documentation;
b. the Plaintiff is to serve any final particulars of special damages, loss of
earnings and loss of earning capacity.

16. Court Books must be prepared by the parties (either jointly or separately),
served 7 days prior to trial, and filed at the commencement of the trial with the
Judge’s Associate.

17. Liberty to apply to the Judge in Charge of the Damages and Compensation
List General Division for further directions upon reasonable notice to all other
parties.

18. Costs reserved.

Damages and Comp List General Division Cause–Melbourne Long
Mediation

County Court of Victoria Directions Group Guidelines and Orders 22
Version dated 09.05.2012
1. The proceeding is set down for trial on as a Cause (estimate
days).

2. The trial listed for is vacated and the proceeding is refixed for trial on
as a Cause (estimate day/s).

3. 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 Damages and Compensation List
General Division.

4. By the Plaintiff is to pay the setting down for trial fee. 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. The setting down for trial fee has been paid in this proceeding.

6. The parties are to cooperate in completing the interlocutory processes in
accordance with the Rules of Court so that the action is brought to trial as
quickly as is reasonably practicable.

7. By the parties have leave to serve any Notice for Discovery on each
other.

9. By the parties have leave to serve Interrogatories for the examination
of each other.

11. The proceedings are referred to a mediator to be appointed by agreement
between the parties and failing such agreement, to a mediator appointed by
the Court.

12. The mediation is to be held at a time and place agreed by the parties and no
later than .

13. The mediation is to be attended by the parties and a duly authorised
representative of the parties (or their insurer). The representative must have
the necessary authority to make all decisions relevant to the conduct of the
proceedings including the authority to settle the proceedings.
County Court of Victoria Directions Group Guidelines and Orders 23
Version dated 09.05.2012
14. The mediator must, before proceeding, inform all parties of the amount of the
fees to be charged in respect of the mediation. Such fees, as agreed, shall
be paid equally by the parties and the mediator may decline to proceed until
the whole of the fees are paid.

15. Subject to the direction of the Trial Judge, in the event that the mediation fails
to settle the dispute, the costs of the mediation shall be costs in the cause.

16. The plaintiff is to notify the Court in writing if the proceeding settles at or after
mediation, such notification to occur as soon as possible after settlement.

17. By any subpoena under Order 42A is to be issued.

19. Court Books must be prepared by the parties (either jointly or separately),
served 7 days prior to trial, and filed at the commencement of the trial with the
Judge’s Associate.

20. Liberty to apply to the Judge in Charge of the Damages and Compensation
List General Division for further directions upon reasonable notice to all other
parties.

21. Costs reserved.

Damages and Compensation List Serious Injury (SIA) Division

Damages and Compensation List SIA Division s.93 Melbourne

1. The proceeding is set down for hearing on (estimate days) as a
Serious Injury Application.

2. The trial listed for is vacated and the proceeding is refixed for trial on
as a Serious Injury Application (estimate days).

3. 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.

4. The setting down for trial fee has been paid in this proceeding.

5. 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 Serious Injury Division.

County Court of Victoria Directions Group Guidelines and Orders 24
Version dated 09.05.2012
6. 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.

7. By 4:00 pm on the plaintiff is to serve on the defendant:

a. particulars of injury specifying subsection of the definition of serious
injury in s.93(17) of the Transport Accident Act 1986 relied upon in this
application, together with a summary of the precise loss of body
function, impairment, disturbance or disorder or condition which will be
alleged at trial to have resulted from such injury;
b. copies of group certificates and income tax returns together with
supporting documentation in his/her possession or power from 3 years
prior to the date of the incident causing injury, to date;
c. and serve and file all affidavits exhibiting medical or other material
relied upon in support of the application.

8. By 4:00 pm on the defendant or his/her solicitors are to file and serve
all affidavits exhibiting medical and other material upon which he/she intends
to rely.

9. Any subpoenas issued under Rule 42A are to be issued on or before .

10. No later than 6 weeks prior to hearing, the parties are to complete any
exchange of further affidavits or medical reports to be relied on at the hearing
and the plaintiff is to serve on the defendant any additional income tax returns
together with supporting documentation.

11. No later than 28 days prior to hearing, the parties are to complete any
inspection and copying of documents subpoenaed under Rule 42A.

12. No later than 21 days prior to hearing, the parties are to serve any notices of
intention to cross-examine witnesses.

13. Where the parties elect to prepare separate Court Books, these are to be
exchanged 7 days prior to hearing and filed at the commencement of the
hearing.

14. Where the parties agree that a joint Court Book is to be prepared, it is to be
filed at the commencement of the hearing.

15. Generally, 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. affidavits which merely exhibit documents (only the documents
themselves are to be included);
e. in the defendant’s case, any document already provided in the
plaintiff’s Court Book.

16. Taxation returns not included in the Court Books must be available for
production to the Court if required.

17. Reserve liberty to the parties to apply to the Judge in Charge of the Serious
Injury Division for further directions upon giving reasonable notice to all other
parties.
County Court of Victoria Directions Group Guidelines and Orders 25
Version dated 09.05.2012
18. Costs reserved.

Damages and Compensation List SIA Division s.93 Circuit

1. The proceeding is set down for hearing at , not before the circuit
commencement date of , to be heard as a Serious Injury Application
(estimate days).

2. The proceeding will be set down for trial at , not before the first circuit
commencement date of 2012, to be heard as a Serious Injury Application
(estimate days).

3. By 11.10.2012, the parties will be advised by the Registrar at of the
date of the first circuit commencement date of 2013.

4. 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 Serious Injury Division.

5. By the Plaintiff is to pay the setting down fee. 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.

6. The setting down for trial fee has been paid in this proceeding.

7. By the Plaintiff is to serve on the Defendant:
a. particulars of injury specifying subsection of the definition of serious
injury in s.93(17) of the Transport Accident Act 1986 relied upon in this
application, together with a summary of the precise loss of body
function, impairment, disturbance or disorder or condition which will be
alleged at trial to have resulted from such injury;
b. copies of group certificates and income tax returns together with
supporting documentation in his/her possession or power from 3 years
prior to the date of the incident causing injury, to date;
c. and serve and file all affidavits, including a sworn affidavit of the
Plaintiff, exhibiting medical or other material relied upon in support of
the application.

8. By the Defendant or his/her solicitors are to file and serve all affidavits
exhibiting medical and other material upon which he/she intends to rely.

9. By any subpoenas issued under Order 42A are to be issued.

10. No later than 42 days prior to hearing, the parties are to complete any
exchange of further affidavits or medical reports to be relied on at the hearing
and the Plaintiff is to serve on the Defendant any additional income tax
returns together with supporting documentation.

11. No later than 28 days prior to hearing, the parties are to complete any
inspection and copying of documents subpoenaed under Order 42A.

County Court of Victoria Directions Group Guidelines and Orders 26
Version dated 09.05.2012
12. No later than 21 days prior to hearing, the parties are to serve any notices of
intention to cross-examine witnesses.

13. Where the parties elect to prepare separate Court Books, these are to be
exchanged 7 days prior to hearing and filed at the commencement of the
hearing.

14. Where the parties agree that a joint Court Book is to be prepared, it is to be
filed at the commencement of the hearing.

15. Generally, 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. affidavits which merely exhibit documents (only the documents
themselves are to be included);
e. in the Defendant’s case, any document already provided in the
Plaintiff’s Court Book.

16. Taxation returns not included in the Court Books must be available for
production to the Court if required.

17. Liberty to apply to the Judge in Charge of the Serious Injury Division for
further directions upon reasonable notice to all other parties.

18. Costs reserved.

Damages and Compensation List SIA Division s.134AB – No JSC –
Melbourne

1. The proceeding is set down for hearing on (estimate days) as a
Serious Injury Application.

2. The trial listed for is vacated and the proceeding is refixed for trial on
as a Serious Injury Application (estimate days).

3. 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.

4. The setting down for trial fee has been paid in this proceeding.

5. 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 Serious Injury Division.

6. 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.

7. By 4:00 pm on , (12 weeks before trial)
a. the plaintiff is to serve particulars of injury specifying the nature of the
injury claimed to constitute `serious injury` and, where relevant, the
County Court of Victoria Directions Group Guidelines and Orders 27
Version dated 09.05.2012
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.

8. No further material will be able to be adduced at trial without leave of the
court.

9. 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.

10. 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.

11. No later than 3 days prior to hearing, the parties are to exchange Court
Books, which are to be contained in lever arch folders.

12. 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.

13. Taxation returns not included in the Court Books must be available for
production to the Court if required.

14. Reserve liberty to the parties to apply to the Judge in Charge of the Damages
and Compensation List Serious Injury Division for further directions upon
giving reasonable notice to all other parties.

15. Costs reserved.

Damages and Compensation List SIA Division s.134AB with JSC –
Melbourne

1. The proceeding is set down for hearing on (estimate days) as a
Serious Injury Application.

County Court of Victoria Directions Group Guidelines and Orders 28
Version dated 09.05.2012
2. The Judicial Settlement Conference (JSC) listed for is confirmed.

3. 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.

4. The setting down for trial fee has been paid in this proceeding.

5. 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 Serious Injury Division.

6. 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.

7. By 4:00 pm on , (3 to 4 weeks from date of order)
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.

8. No further material will be able to be adduced at trial without leave of the
court.

9. 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.

10. 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.

11. No later than 3 days prior to hearing, the parties are to exchange Court
Books, which are to be contained in lever arch folders.

12. 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.
County Court of Victoria Directions Group Guidelines and Orders 29
Version dated 09.05.2012
13. Taxation returns not included in the Court Books must be available for
production to the Court if required.

15. Costs reserved.

Damages and Compensation List SIA Division s.134AB – Circuit

1. The proceeding is fixed for trial at not before the circuit
commencement date of , to be heard as a Serious Injury Application
(estimate days).

2. The proceeding will be set down for trial at , not before the first circuit
commencement date of 2013, to be heard as a (estimate days).

3. By 11.10.2012, the parties will be advised by the Registrar at of the
date of the first circuit commencement date of 2013.

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. The setting down for trial fee has been paid in this proceeding.

6. 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 Serious Injury Division.

7. 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.

8. By 4:00 pm on , (12 weeks from the date of trial)
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.

9. No further material will be able to be adduced at trial without leave of the
court.

10. No later than 28 days prior to hearing, the parties are to:
County Court of Victoria Directions Group Guidelines and Orders 30
Version dated 09.05.2012
a. complete any inspection and copying of documents subpoenaed
under Rule 42A;
b. serve any notices of intention to cross-examine witnesses.

11. 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.

12. No later than 3 days prior to hearing, the parties are to exchange Court
Books, which are to be contained in lever arch folders.

13. 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.

14. Taxation returns not included in the Court Books must be available for
production to the Court if required.

15. Reserve liberty to the parties to apply to the Judge in Charge of the Damages
and Compensation List Serious Injury Division for further directions upon
giving reasonable notice to all other parties.

16. Costs reserved.

S23 Limitation of Actions Act

Section 93 together with Section 23A
(The plaintiff has leave to amend her Originating Motion to include an application
under Section 23A of the Limitation of Actions Act 1958.)

1. The Plaintiff’s Application under Section 23A of the Limitations of Actions Act
1958 is listed on (estimate days) to be heard as a preliminary
issue on the same day as the Plaintiff’s Serious Injury Application pursuant to
Section 93 of the Transport Accident Act.

2. The proceeding is set down for hearing on (estimated days) as
a Serious Injury Application.

3. 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 Damages and Compensation List
General Division.

County Court of Victoria Directions Group Guidelines and Orders 31
Version dated 09.05.2012
4. By , the Plaintiff is to pay the setting down fee. 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. The setting down for trial fee has been paid in this proceeding.

6. By the Plaintiff’s affidavits in support of the s 23A Limitation of Actions
Act application are to be filed and served.

7. By the Defendant’s affidavits in opposition to the s 23A Limitation of
Actions Act application are to be filed and served.

8. By the Plaintiff is to serve on the Defendant:
a. particulars of injury specifying subsection of the definition of serious
injury in s.93(17) of the Transport Accident Act 1986 relied upon in this
application, together with a summary of the precise loss of body
function, impairment, disturbance or disorder or condition which will be
alleged at trial to have resulted from such injury;
b. copies of group certificates and income tax returns together with
supporting documentation in his/her possession or power from 3 years
prior to the date of the incident causing injury, to date;
c. and serve and file all affidavits, including a sworn affidavit of the
Plaintiff, exhibiting medical or other material relied upon in support of
the application.

9. By the Defendant or his/her solicitors are to file and serve all affidavits
exhibiting medical and other material upon which he/she intends to rely.

10. By any subpoenas issued under Rule 42A are to be issued.

11. No later than 6 weeks prior to hearing, the parties are to complete any
exchange of further affidavits or medical reports to be relied on at the hearing
and the plaintiff is to serve on the defendant any additional income tax returns
together with supporting documentation.

12. No later than 28 days prior to hearing, the parties are to complete any
inspection and copying of documents subpoenaed under Order 42A.

13. No later than 21 days prior to hearing, the parties are to serve any notices of
intention to cross-examine witnesses.

14. Where the parties elect to prepare separate Court Books, these are to be
exchanged 7 days prior to hearing and filed at the commencement of the
hearing.

15. Where the parties agree that a joint Court Book is to be prepared, it is to be
filed at the commencement of the hearing.

16. Generally, 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. affidavits which merely exhibit documents (only the documents
themselves are to be included);

County Court of Victoria Directions Group Guidelines and Orders 32
Version dated 09.05.2012
e. in the defendant’s case, any document already provided in the
plaintiff’s Court Book.

17. Taxation returns not included in the Court Books must be available for
production to the Court if required.

18. Liberty to apply to the Judge in Charge of the Damages List Serious Injury
Division for further directions upon reasonable notice to all other parties.

19. Costs reserved.

Section 23A Limitations of Actions Act – Melbourne
1. The Plaintiff’s application under Section 23A of the Limitations of Actions Act
1958 is listed on as a Cause (estimate days.)

2. By , the Plaintiff is to pay the setting down fee. 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.

3. By the Plaintiff’s affidavits in support of the application are to be filed
and served.

4. By the Defendant’s affidavits in opposition are to be filed and served.

Damages and Compensation List Medical Division

Medical Division - Melbourne

1. The proceeding is set down for trial on as a Jury (estimate
days).

2. The trial listed for is vacated and the proceeding is refixed for trial on
as a Jury (estimate days).

3. 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.

4. The setting down for trial fee has been paid in this proceeding.

5. 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 Damages and Compensation List -
Medical Division.

6. By 4:00 pm on the is to pay the jury fee. In default, any other
party may pay the fee within a further 14 days. If the fee is not paid, the trial
will proceed as a cause.

OR
County Court of Victoria Directions Group Guidelines and Orders 33
Version dated 09.05.2012
7. The first day’s jury fee is to stand in this proceeding.

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. The parties are granted leave to serve any Notice for Discovery on each other
by .

10. By 4:00 pm on the party served with a Notice for Discovery must make
discovery (including full inspection) of the following documents:

11. The parties have leave to serve Interrogatories for the examination of each
other by .

12. By 4:00 pm on :

13. By , the parties are to mediate the dispute.

14. Those persons with the authority to settle the proceeding and the terms of the
settlement together with the lawyers who have the ultimate responsibility to
advise the parties in respect of the proceeding and its settlement shall attend
the Mediation.

15. The plaintiff is to notify the Court in writing if the proceeding settles at or after
mediation, such notification to occur as soon as possible after settlement.

16. Any subpoena under Order 42A is to be issued by .

17. No later than 28 days before the trial date:
a. the parties are to exchange any further medical and/or expert reports
concerning damages and liability, along with supporting
documentation;
b. the plaintiff is to serve any final particulars of special damages, loss of
earnings and loss of earning capacity.

18. Court Books must be prepared by the parties (either jointly or separately),
served 7 days prior to trial, and filed at the commencement of the trial with the
Judge’s Associate.

19. Liberty to apply to the Judge in Charge of the Damages and Compensation
List Medical Division for further directions upon reasonable notice to all other
parties.
County Court of Victoria Directions Group Guidelines and Orders 34
Version dated 09.05.2012
20. Costs reserved.

Medical Division Circuit

1. The proceeding is set down for trial at not before the circuit
commencement date of , to be heard as a Jury (estimate days).

2. The proceeding will be set down for trial at , not before the first circuit
commencement date of 2012, to be heard as a (estimate days).

3. By 11.10.2012, the parties will be advised by the Registrar at of the
date of the first circuit commencement date of 2013.

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. The setting down for trial fee has been paid in this proceeding.

6. 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 Damages and Compensation List -
Medical Division.

7. By 4:00 pm on the is to pay the jury fee. In default, any other
party may pay the fee within a further 14 days. If the fee is not paid, the trial
will proceed as a cause.

8. The first day’s jury fee is to stand in this proceeding.

9. 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.

10. The parties are granted leave to serve any Notice for Discovery on each other
by .

11. By 4:00 pm on the party served with a Notice for Discovery must make
discovery (including full inspection) of the following documents:
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.

12. The parties have leave to serve Interrogatories for the examination of each
other by .

County Court of Victoria Directions Group Guidelines and Orders 35
Version dated 09.05.2012
13. By 4:00 pm on :
a. the parties are to exchange any medical and/or expert reports
concerning damages and liability;
b. the plaintiff is to serve particulars of special damage, loss of earnings
and loss of earning capacity along with supporting documentation

14. By , the parties are to mediate the dispute.

15. Those persons with the authority to settle the proceeding and the terms of the
settlement together with the lawyers who have the ultimate responsibility to
advise the parties in respect of the proceeding and its settlement shall attend
the Mediation.

16. The plaintiff is to notify the Court in writing if the proceeding settles at or after
mediation, such notification to occur as soon as possible after settlement.

17. Any subpoena under Order 42A is to be issued by .

18. No later than 28 days before the trial date:
a. the parties are to exchange any further medical and/or expert reports
concerning damages and liability, along with supporting
documentation;
b. the plaintiff is to serve any final particulars of special damages, loss of
earnings and loss of earning capacity.

19. Court Books must be prepared by the parties (either jointly or separately),
served 7 days prior to trial, and filed at the commencement of the trial with the
Judge’s Associate.

20. Liberty to apply to the Judge in Charge of the Damages and Compensation
List Medical Division for further directions upon reasonable notice to all other
parties.

21. Costs reserved.

Standard orders for an application seeking an extension of time within
which to commence a proceeding

1. By 4.00 pm on the any Summons by the Plaintiff for an extension of
time within which to commence a proceeding (the application), pursuant to
the Limitation of Actions Act be issued.

2. That the limitation issue raised by the Defence of the Defendant/s (the issue)
be tried by a Judge sitting alone on the with a trial estimate of
days.

3. By 4.00 pm on the any affidavit by or on behalf of the Plaintiff be
sworn, filed and served on the/each Defendant.

4. By 4.00 pm on the any affidavit by or on behalf of the
Defendant/s be sworn, filed and served on the Plaintiff.

5. By 4.00 pm on any further affidavit by or on behalf of any party be
sworn, filed and served on all other parties.

County Court of Victoria Directions Group Guidelines and Orders 36
Version dated 09.05.2012
6. Subject to any order of the Trial Judge, the trial of the application/issue be by
affidavit.

7. Any party intending to cross examine the deponent of any opposing affidavit
shall give notice in writing of such intention to the solicitor for the party on
whose behalf the affidavit was filed not less than 10 clear days of the date of
the hearing of the application/issue.

8. The Plaintiff/ Defendant/s shall have the carriage of the application/issue.

9. Liberty to apply to the Judge in Charge of the Damages and Compensation
List - Medical Division for further directions upon reasonable notice to all other
parties.

Damages and Compensation List Family Property Division

Family Property PLA writ mediation

1. The proceeding is set down for trial on as a Cause before a judge
sitting alone (estimate sitting days).

2. The trial listed for is vacated and the proceeding is refixed for trial on
as a Cause (estimate days).

3. The proceeding is fixed for trial at not before the circuit
commencement date of , to be heard as a Cause (estimate
days).

4. The setting down for Trial fee must be paid by the plaintiff by . In
default the defendant may pay the fee within 21 days. Otherwise the hearing
date will be vacated.

5. The setting down for trial fee has been paid in this proceeding.

6. Any application to vacate the trial date must be made to the Judge in Charge
of the Damages and Compensation List, Family Property Division at least 30
days before the trial date.

7. The parties shall cooperate in completing the interlocutory processes so that
the action is brought to trial as quickly as possible.

8. By 4:00pm on , the defendant is to file and serve a defence.

9. By 4:00pm on , the parties must deliver any request for further and
better particulars of a pleading. Any request must be answered within 30
days.

10. By 4:00pm on , each party must make discovery (including full
inspection) of the following documents:

County Court of Victoria Directions Group Guidelines and Orders 37
Version dated 09.05.2012
a. each document referred to in the party's pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party's case;
d. any document or class of documents which any other party
reasonably requests the party to discover.

11. All other interlocutory processes will be conducted in accordance with the
Rules of Court.

12. By 4:00pm on , all parties are to file and serve all expert reports as to
damages and liability upon which they intend to rely together with all
supporting documentation.

13. By , the parties must have completed the mediation of the dispute.

14. The parties must notify the Court in writing if the action settles, such
notification to occur as soon as possible after settlement.

15. By , each party must have issued any subpoenas under Order 42A.

16. Court Books must be prepared by the Parties, (either jointly or separately)
and filed with the Court at the commencement of the hearing.

17. Reserve liberty to the parties to apply to the Judge in charge of the Family
Property Division for further directions upon giving reasonable notice to all
other parties.

18. Reserve costs.

Family Property PLA writ case conference

1. The proceeding is set down for trial on as a Cause before a judge
sitting alone (estimate sitting days).

2. The trial listed for is vacated and the proceeding is refixed for trial on
as a (estimate days).

3. The proceeding is fixed for trial at not before the circuit
commencement date of , to be heard as a Cause (estimate
days).

4. The setting down for Trial fee must be paid by the plaintiff by . In default
the defendant may pay the fee within 21 days. Otherwise the hearing date will
be vacated.

5. The setting down for trial fee has been paid in this proceeding.

County Court of Victoria Directions Group Guidelines and Orders 38
Version dated 09.05.2012
6. Any application to vacate the trial date must be made to the Judge in Charge
of the Damages and Compensation List, Family Property Division at least 30
days before the trial date.

7. The parties shall cooperate in completing the interlocutory processes so that
the action is brought to trial as quickly as possible.

8. A Case Conference will be held on at before a Judge. The
Conference will be held in open court although the parties may retire for
private discussion during the Conference. The Plaintiff and the Defendant
must attend the Conference. The purpose of the Conference is to try and
settle the dispute or alternatively to make orders setting the proceeding down
for trial and determining the appropriate further interlocutory steps.

9. By 4:00pm on , the defendant is to file and serve a defence.

10. By 4:00pm on , the parties must deliver any request for further and
better particulars of a pleading. Any request must be answered within 30
days.

11. By 4:00pm on , each party must make discovery (including full
inspection) of the following documents:
a. each document referred to in the party's pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party's case;
d. any document or class of documents which any other party
reasonably requests the party to discover.

12. All other interlocutory processes will be conducted in accordance with the
Rules of Court.

13. By 4:00pm on , all parties are to file and serve all expert reports as to
damages and liability upon which they intend to rely together with all
supporting documentation.

14. The parties must notify the Court in writing if the action settles, such
notification to occur as soon as possible after settlement.

15. By , each party must have issued any subpoenas under Order 42A.

16. Court Books must be prepared by the Parties, (either jointly or separately)
and filed with the Court at the commencement of the hearing.

17. Reserve liberty to the parties to apply to the Judge in charge of the Family
Property Division for further directions upon giving reasonable notice to all
other parties.

18. Reserve costs.

Family Property PLA OM Case conference

County Court of Victoria Directions Group Guidelines and Orders 39
Version dated 09.05.2012
1. The proceeding is set down for trial on as a Cause before a judge
sitting alone (estimate sitting days).

2. The proceeding is fixed for trial at not before the circuit
commencement date of , to be heard as a Cause (estimate
days).

3. The setting down for Trial fee must be paid by the plaintiff by . In default
the defendant may pay the fee within 21 days. Otherwise the hearing date will
be vacated.

4. The setting down for trial fee has been paid in this proceeding.

5. Any application to vacate the trial date must be made to the Judge in Charge
of the Damages and Compensation List, Family Property Division at least 30
days before the trial date.

6. A Case Conference will be held on at before a Judge. The
Conference will be held in open court although the parties may retire for
private discussion during the Conference. The Plaintiff and the Defendant
must attend the Conference. The purpose of the Conference is to try and
settle the dispute or alternatively to make orders setting the proceeding down
for trial and determining the appropriate further interlocutory steps.

7. The parties shall cooperate in completing the interlocutory processes so that
the action is brought to trial as quickly as possible.

8. By 4:00pm on any affidavit on which the plaintiff intends to rely is to be
filed and served on the defendant.

9. By 4:00pm on any affidavit on which the defendant/s intend/s to rely is
to be filed and served on the plaintiff.

10. By 4:00pm on any further affidavit on which the plaintiff intends to rely
in reply is to be filed and served on the defendant/s.

11. All other interlocutory processes will be conducted in accordance with the
Rules of Court.

12. The parties must notify the Court in writing if the action settles, such
notification to occur as soon as possible after settlement.

13. By , each party must have issued any subpoenas under Order 42A.

14. Court Books must be prepared by the Parties, (either jointly or separately)
and filed with the Court at the commencement of the hearing.

15. Reserve liberty to the parties to apply to the Judge in charge of the Family
Property Division for further directions upon giving reasonable notice to all
other parties.

16. Reserve costs.

County Court of Victoria Directions Group Guidelines and Orders 40
Version dated 09.05.2012
Family Property PLA OM Mediation
1. The proceeding is set down for trial on as a Cause before a judge
sitting alone (estimate sitting days).

2. The proceeding is fixed for trial at not before the circuit
commencement date of , to be heard as a Cause (estimate
days).

3. The setting down for Trial fee must be paid by the plaintiff by . In default
the defendant may pay the fee within 21 days. Otherwise the hearing date will
be vacated.

4. The setting down for trial fee has been paid in this proceeding.

5. Any application to vacate the trial date must be made to the Judge in Charge
of the Damages and Compensation List, Family Property Division at least 30
days before the trial date.

6. The parties shall cooperate in completing the interlocutory processes so that
the action is brought to trial as quickly as possible.

7. By 4:00pm on any affidavit on which the plaintiff intends to rely is to be
filed and served on the defendant.

8. By 4:00pm on any affidavit on which the defendant/s intend/s to rely is
to be filed and served on the plaintiff.

9. By 4:00pm on any further affidavit on which the plaintiff intends to rely
in reply is to be filed and served on the defendant.

10. All other interlocutory processes will be conducted in accordance with the
Rules of Court.

11. By , the parties must have completed the mediation of the dispute.

12. The parties must notify the Court in writing if the action settles, such
notification to occur as soon as possible after settlement.

13. By , each party must have issued any subpoenas under Order 42A.

14. Court Books must be prepared by the Parties, (either jointly or separately)
and filed with the Court at the commencement of the hearing.

15. Reserve liberty to the parties to apply to the Judge in charge of the Family
Property Division for further directions upon giving reasonable notice to all
other parties.

16. Reserve costs.

County Court of Victoria Directions Group Guidelines and Orders 41
Version dated 09.05.2012
Family Property TFM mediation

1. The proceeding is set down for trial on as a Cause before a judge
sitting alone (estimate sitting days).

2. The proceeding is fixed for trial at not before the circuit
commencement date of , to be heard as a Cause (estimate
days).

3. The setting down for Trial fee must be paid by the plaintiff by . In default
the defendant may pay the fee within 21 days. Otherwise the hearing date will
be vacated.

4. The setting down for trial fee has been paid in this proceeding.

5. Any application to vacate the trial date must be made to the Judge in Charge
of the Damages and Compensation List, Family Property Division at least 30
days before the trial date.

6. The parties shall cooperate in completing the interlocutory processes so that
the action is brought to trial as quickly as possible.

7. By 4:00pm on , the Plaintiff must serve copies of:
a. the Originating Motion and his/her affidavit in support (including
exhibits) and
b. this Order including the Schedule thereto,
by pre-paid post on the beneficiaries named in the Will of the deceased
namely, .

8. Each of the beneficiaries named in order may apply to the Court for
leave to be joined as a Defendant to the proceeding by giving notice to the
Court and the parties by 4:00pm on .

9. Any affidavit on which a party intends to rely is to be filed and served on any
beneficiary joined as a Defendant to the proceeding.

10. By 4:00pm on any affidavit on which the plaintiff intends to rely is to be
filed and served on the defendant/s.

11. By 4:00pm on , any defendant must file and serve any affidavit upon
which they intend to rely on all other parties. Any affidavit by the Defendant-
executor should address the financial position of the estate and such other
information in light of the allegations made by the Plaintiff in his/her affidavit
and must be updated not less than 10 days before the trial.

12. By 4:00pm on any further affidavit on which the plaintiff intends to rely
in reply is to be filed and served on the defendant.

13. By , the parties must have completed the mediation of the dispute.

14. The parties must notify the Court in writing if the proceeding settles, such
notification to occur as soon as possible after settlement.

County Court of Victoria Directions Group Guidelines and Orders 42
Version dated 09.05.2012
15. By , each party must issue any subpoenas under Order 42A.

16. Court Books must be prepared by the parties (either jointly or separately),
served 7 days prior to trial, and filed at the commencement of the trial with the
Judge's Associate.

17. Reserve liberty to apply to the Judge in charge of the Family Property Division
for further directions upon reasonable notice to all other parties.

18. Reserve costs.

Family Property TFM Case Conference

1. The proceeding is set down for trial on as a Cause before a judge
sitting alone (estimate sitting days).

2. The proceeding is fixed for trial at not before the circuit
commencement date of , to be heard as a Cause (estimate
days).

3. The setting down for Trial fee must be paid by the plaintiff by . In default
the defendant may pay the fee within 21 days. Otherwise the hearing date will
be vacated.

4. The setting down for trial fee has been paid in this proceeding.

5. Any application to vacate the trial date must be made to the Judge in Charge
of the Damages and Compensation List, Family Property Division at least 30
days before the trial date.

7. The parties shall cooperate in completing the interlocutory processes so that
the action is brought to trial as quickly as possible.

8. By 4:00pm on , the Plaintiff must serve copies of:
a. the Originating Motion and his/her affidavit in support (including
exhibits) and
b. this Order including the Schedule thereto,
by pre-paid post on the beneficiaries named in the Will of the deceased
namely, .

9. Each of the beneficiaries named in order may apply to the Court for
leave to be joined as a Defendant to the proceeding by giving notice to the
Court and the parties by 4:00pm on .

County Court of Victoria Directions Group Guidelines and Orders 43
Version dated 09.05.2012
10. Any affidavit on which a party intends to rely is to be filed and served on any
beneficiary joined as a Defendant to the proceeding.

11. By 4:00pm on any affidavit on which the plaintiff intends to rely is to be
filed and served on the defendant/s.

12. By 4:00pm on , any defendant must file and serve any affidavit upon
which they intend to rely on all other parties. Any affidavit by the Defendant-
executor should address the financial position of the estate and such other
information in light of the allegations made by the Plaintiff in his/her affidavit
and must be updated not less than 10 days before the trial.

13. By 4:00pm on any further affidavit on which the plaintiff intends to rely
in reply is to be filed and served on the defendant.

14. The parties must notify the Court in writing if the proceeding settles, such
notification to occur as soon as possible after settlement.

15. By , each party must issue any subpoenas under Order 42A.

16. Court Books must be prepared by the parties (either jointly or separately),
served 7 days prior to trial, and filed at the commencement of the trial with the
Judge's Associate.

17. Reserve liberty to apply to the Judge in charge of the Family Property Division
for further directions upon reasonable notice to all other parties.

18. Reserve costs.

TFM Schedule (s)

SCHEDULE

Dear....

Estate of .............deceased

Proceeding No. CI - ..-........ in the County Court of Victoria

We have been authorised by the Court to notify you that a proceeding has been
commenced by Mr/Ms ............, who is the .......son/daughter of the deceased, by
which he/she is seeking provision out of the deceased’s estate. The proceeding is
brought pursuant to Part IV of the Administration and Probate Act 1958. We are
Mr/Ms solicitors.

The proceeding was commenced against Mr/Ms who is an executor named in the
deceased’s will and to whom probate of the will has been granted by the Supreme
Court of Victoria.

If the Court accepts the Plaintiff’s claim, the effect might be to reduce or extinguish
your entitlement as a beneficiary under the deceased’s will. To protect your
interests, the Court ordered that you have leave to apply to be added as a Defendant

County Court of Victoria Directions Group Guidelines and Orders 44
Version dated 09.05.2012
to the proceeding. Any such application must be made on reasonable notice to the
Court and the parties to the proceeding.

A copy of the Court’s order made on .....and other relevant documents are attached
for your information.

Copies of any of the documents referred to in the Order including the Plaintiff’s
affidavit and the deceased’s will may be inspected by arrangement with the writer.
If you wish to take advantage of your opportunity to apply to be added as a
Defendant to the proceeding, it is suggested that you seek advice from a solicitor as
soon as possible and show this letter and the enclosed documents to the solicitor.

The Court has authorised us to inform you that although legal costs incurred by a
party to a proceeding of this type are usually allowed by the Court out of deceased’s
estate, it is unlikely that more than one set of legal costs of separately represented
parties with the same or a similar interest will be allowed.

Yours faithfully,

Template orders various
Subsequent Administrative Mention (SAM)

1. The proceeding is listed for a subsequent Administrative Mention on ,
by which time the parties are to advise the Court in writing whether they are
ready to proceed and if so whether any orders are sought by consent on the
papers for the listing of the proceeding for trial.

2. Failure to comply with paragraph 1 of this order by may result in the
proceeding being struck out without further notice.

3. Reserve liberty to the parties to apply to the Judge in charge of the
Division for further directions upon giving reasonable notice to all other
parties.

4. Reserve costs.

5. No Order as to costs.

County Court of Victoria Directions Group Guidelines and Orders 45
Version dated 09.05.2012
Pleadings

Addition of Defendant/s
1. The Plaintiff has leave to amend Writ and Statement of Claim by adding
as Defendant/s to this proceeding.

2. By the Plaintiff is to file and serve amended Writ and Statement of
Claim, together with a copy of this order on all other parties to this
proceeding.

Substitution of Parties
1. The Plaintiff has leave to amend the Writ and Statement of Claim by
substituting for as to this proceeding.

2. By the Plaintiff is to file and serve amended Writ and Statement of
Claim, together with a copy of this order on all other parties to this
proceeding.

3. As of the date of this Order, ceases to be a party to this proceeding.

Amend Description of Defendant
1. The Plaintiff has leave to amend the description of the defendant from
to .

2. By the Plaintiff is to file and serve an Amended Writ and Statement of
Claim.

Joinder of Third Party
1. The defendant has leave to join as a Third Party to this
proceeding.

2. By , the defendant is to file and serve third party notice/s
together with a copy of this Order on .

Application to join another party
1. By , any application by to join as to this proceeding
is to be made by to the Judge in Charge of the Division.

Amend the Writ and Statement of Claim
1. By , the Plaintiff is to file and serve an amended Writ and Statement of
Claim, together with a copy of this order on all other parties to this
proceeding.

Amend the Statement of Claim
1. By , the Plaintiff is to file and serve an amended Statement of Claim,
together with a copy of this order on all other parties to this proceeding.

2. By the Defendant is to file and serve a Defence to the amended
Statement of Claim.
County Court of Victoria Directions Group Guidelines and Orders 46
Version dated 09.05.2012
Defence
1. By , the Defendant is to file and serve a Defence.

Defence and Counterclaim
1. By , the Defendant is to file and serve a Defence and any
Counterclaim.

Defence to Counterclaim
1. By , the Plaintiff is to file and serve a Defence to Counterclaim.

Reply
1. By the Plaintiff is to file and serve a Reply.

Reply and Defence to Counterclaim
1. By the Plaintiff is to file and serve a Reply and Defence to
Counterclaim.

Further and Better Particulars

Further and better
1. By 4:00pm on , the parties must deliver any request for further and
better particulars of a pleading. Any request must be answered within 30
days.

Discovery

Make Discovery
1. By 4:00pm on , each party must make discovery (including full
inspection) of the following documents:
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.

Discovery – General
1. By the parties have leave to serve any Notice for Discovery on each
other.

2. By the party served with a Notice for Discovery must make discovery
(including full inspection) of the following documents:
a. each document referred to in the party’s pleadings or the particulars of
the pleadings;
County Court of Victoria Directions Group Guidelines and Orders 47
Version dated 09.05.2012
b. any document which may be produced by the party during evidence at
the trial;
c. any document which may harm the party’s case;
d. any document or class of documents which any other party
reasonably requests the party to discover.

Interrogatories

General Order for all parties
1. By the parties have leave to serve Interrogatories for the examination
of each other.

Answers to Interrogatories
1. By the parties are to serve Answers to Interrogatories.

Mediation

Mediation Order
1. By , the parties are to mediate the dispute.

Mediation Order including ‘those with ultimate responsibility’ to attend

1. By , the parties are to mediate the dispute.

2. The persons who have the ultimate responsibility and authority for deciding
whether to settle the dispute and the terms of any settlement and the lawyers
who have the ultimate responsibility to advise the parties in relation to the
dispute and its settlement must attend the Mediation.

3. The Plaintiff is to notify the Court in writing if the proceeding settles at or after
mediation, such notification to occur as soon as possible after settlement.

Long Mediation Order 1
1. The proceedings are referred to a mediator to be appointed by agreement
between the parties and failing such agreement, to a mediator appointed by
the Court.

2. The mediation is to be held at a time and place agreed by the parties and no
later than .

3. The mediation is to be attended by the parties and a duly authorised
representative of the parties (or their insurer). The representative must have
the necessary authority to make all decisions relevant to the conduct of the
proceedings including the authority to settle the proceedings.

4. The mediator must, before proceeding, inform all parties of the amount of the
fees to be charged in respect of the mediation. Such fees, as agreed, shall
be paid equally by the parties and the mediator may decline to proceed until
the whole of the fees are paid.

County Court of Victoria Directions Group Guidelines and Orders 48
Version dated 09.05.2012
5. Subject to the direction of the Trial Judge, in the event that the mediation fails
to settle the dispute, the costs of the mediation shall be costs in the cause.

6. The plaintiff is to notify the Court in writing if the proceeding settles at or after
mediation, such notification to occur as soon as possible after settlement.

Long Mediation Order 2 Lawyers take all necessary steps to ensure that
the mediation commences on the date and time
1. The proceedings are referred to a mediator to be appointed by agreement
between the parties and failing such agreement, to a mediator appointed by
the Court.

2. The mediation is to be held at a time and place agreed by the parties and no
later than .

3. The lawyers for the plaintiff will take all necessary steps to ensure that the
mediation commences on the date and time appointed and deliver a copy of
all pleadings to the mediator.

4. The lawyers for the defendants will take all necessary steps to ensure that the
mediation commence on the date specified.

5. The mediation is to be attended by the parties and a duly authorised
representative of the parties (or their insurer). The representative must have
the necessary authority to make all decisions relevant to the conduct of the
proceedings including the authority to settle the proceedings.

6. The mediator must, before proceeding, inform all parties of the amount of the
fees to be charged in respect of the mediation. Such fees, as agreed, shall
be paid equally by the parties and the mediator may decline to proceed until
the whole of the fees are paid.

7. Subject to the direction of the Trial Judge, in the event that the mediation fails
to settle the dispute, the costs of the mediation shall be costs in the cause.

8. The plaintiff is to notify the Court in writing if the proceeding settles at or after
mediation, such notification to occur as soon as possible after settlement.

Trial dates

List a Trial Date - Melbourne
1. The proceeding is set down for trial on as a (estimate
days).

List a Trial Date – Circuit
1. The proceeding is to be fixed for trial at not before the circuit
commencement date of , to be heard as a (estimate
days).

County Court of Victoria Directions Group Guidelines and Orders 49
Version dated 09.05.2012
First Circuit next year
1. The proceeding will be set down for trial at , not before the first circuit
commencement date of 2013, to be heard as a (estimate days).

2. By 01.10.2012, the parties will be advised by the Registrar at of the
date of the first circuit commencement date of 2013.

Reinstate a Trial Date
1. The trial date for this proceeding is reinstated on as a (estimate
days).

Confirm a Trial Date
1. The trial listed for is confirmed.

Vacate a Trial Date – Melbourne
1. The trial listed for hearing on is vacated.

Vacate a Trial Date – Circuit
1. The trial listed at not before the circuit commencement date of
is vacated.

Vacate a Trial Date & Refix - Melbourne
1. The trial listed for is vacated and the proceeding is refixed for trial on
as a (estimate day/s).

Vacate a Trial Date & Refix – Circuit
1. The trial listed at not before the circuit commencement date of
is vacated and refixed for trial not before the circuit commencement date of
as a (estimate days).

Reinstate Proceeding

1. The trial date for this proceeding is reinstated on as a (estimate
days)

2. The Order of His/Her Honour Judge dated is otherwise
confirmed.

Payment of Fees

Setting down for trial fee - payment
1. By the Plaintiff is to pay the setting down for trial fee. 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.

County Court of Victoria Directions Group Guidelines and Orders 50
Version dated 09.05.2012
Setting down for trial fee – to stand
1. The setting down for trial fee has been paid in this proceeding.

Jury Fee – payment
1. By the Plaintiff is to pay the setting down for trial fee. 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.

Jury Fee – to stand
1. The first day’s jury fee is to stand as paid in this proceeding.

Miscellaneous Orders

Extension of time
1. The time for the to is extended to .

Transfer between lists
1. The proceeding is transferred to the Division of the List.

Proceedings to be listed together
1. The trial of this proceeding is to be listed together with proceeding number
subject to any Order to the contrary by the Trial Judge.

Consolidation order example
Proceeding A
1. This proceeding is consolidated with proceeding No. CI-BB-BBBBB.

2. The pleadings/documents served in proceeding no CI- CI-BB-BBBBB stand
as the pleadings/documents filed and served in proceeding no CI-AA-AAAAA.

3. The parties in proceeding no CI-BB-BBBBB stand as parties in proceeding no
CI- AA-AAAAA.

Proceeding B

1. This proceeding is consolidated with proceeding No. CI-AA-AAAAA.

2. This proceeding is otherwise struck out.

Service of Order on another party
1. By the is to serve a copy of this order on .

County Court of Victoria Directions Group Guidelines and Orders 51
Version dated 09.05.2012
Service of Order on another party by post
1. The is to serve a copy of this order by pre-paid post on at
by .

Litigation Guardian

Appointing Litigation Guardian

1. is appointed as Litigation Guardian of the Plaintiff who is a
person under disability.

2. The Plaintiff is to amend the Originating Motion /Writ and Statement of Claim
by amending the description of the Plaintiff/Defendant from to (a
person under disability who sues by his Litigation Guardian) by (date).

Finalisation of Proceedings

Struck out
1. The proceeding is struck out.

Struck out with right of reinstatement
1. The proceeding is struck out with a right of reinstatement.

Struck out with specific right of reinstatement
1. The proceeding is struck out with a right of reinstatement to the .

Dismissed
1. The proceeding is dismissed.

County Court of Victoria Directions Group Guidelines and Orders 52
Version dated 09.05.2012