Date

Action

6 Years from date on which the cause of action accrues

Time limit for commencing proceedings (other than for personal injury)

Time in which to commence your action for contract, tort or for recovery of money (Limitation of Action Act 1936, sections 35 and 38)

3 years from date on which the cause of action accrues

Time limit for commencing personal injury actions

Time in which to commence your action for personal injury

(Limitations of Action Act 1936, s36)

90 days prior to commencement of action

Delivery to the defendant of notice of proposed statement of claim

1. The plaintiff is to send the defendant a Notice of Proposed Claim (Rule 6A.02(1)).

1. The plaintiff is also obliged at this state to send to the defendant and its insurer any relevant experts’ reports upon which it intends to rely (Rule 6A.04).

1. The Notice of Proposed Claim must include sufficient details so that the defendants have a reasonable opportunity to make an offer to settle the claim before it is commenced; eg in personal injury claims, statements as to the nature of the injury, major treatment and particulars of loss (Rule 6A.02(1).

[This probably is not strictly a time limit, as the date upon which the plaintiff decides to commence the action is up to the plaintiff, limited only by the provisions of the Limitation of Action Act 1936. Leave to initiate the action will however be if no further step is taken in 12 months, Rule 6.04]

Within 60 days after the defendant receives proposed statement of claim and experts’ reports

Defendant’s response to plaintiff’s proposed statement of claim

The defendant is to send “a response to it”, and annex any relevant experts’ reports upon which the defendant intends to rely (Rule 6A.06(1)).

The plaintiff then actually initiates action by filing Summons and Statement of Claim

Proceedings are issued

The summons will remain in force for 3 months (Rule 10.03). The claimant has to warn the defendant of the time limit for filing an Appearance (Rule 7.09).

Within 21 days of the date on which the defendant receives the summons

Defendant to lodge Appearance

The defendant must file an Appearance (Rule 8(a)). (The time for doing so is 60 days if service is not in Australia).

Within 28 days of the date on which the defendant receives the summons (7 days of filing appearance)

Defendant to file Defence

Defendant must file Defence (Rules 46.01, 46A.05)

Note:

1. The defence at this stage will be open, and is capable of amendment at any time. The Notice of Proposed Statement of claimant Notice of Proposed Defence are NOT made on a “without prejudice” basis.

1. The Defence can plead only what parts of the Statement of Claim are admitted, The material facts relied upon to constitute any ground of defence on which the defendant bears an evidentiary or a legal onus of proof, such further material facts as are necessary to give other parties fair notice of the defendant’s case, and any defences in law or available by statue.

1. The Defence can incorporate a counterclaim under Rule 48 but the counterclaim has to be in the same format as the Statement of Claim.

Within 7 days of filing the defence

Time for issuing Contribution Notices

The defendant must issue any CONTRIBUTION NOTICES in form 14 (Rule 37.07)

Within 14 days of filing defence

Reply and Counterclaim

1. The Plaintiff may file a REPLY AND/OR COUNTERCLAIM

(Rules 46A.06(1))

1. The defendant may file THIRD PARTY NOTICES

(Rule 37.01)

1. The defendant may file a Reply to the plaintiff’s Counterclaim within 14 days of receipt of it.

1. Any pleadings subsequent to a reply is only to be filed in accordance with leave of the court granted for its filing (R46A.07)

After receipt of a pleading

Request for Particulars

1. The amendments did not provide for the deletion of Rule 46.20 (request for further and better particulars). Within 21 days of receipt of any pleading a party can require a more explicit pleading.

1. However, the new Rule 46A.09(1) provides that no order is to be made for further material facts other than where the material facts pleaded do not disclose facts sufficient to give the other parties fair notice of the case which they have to meet. No pleading is embarrassing for want of particularity Rule 46A.09(2)), unless the missing particulars would be ordered under 46A.09(1).

1. Rule 46A.16 states that where several previous Rules are inconsistent with Rule 46A, Rule 46A. operates to the exclusion of the previous Rules; interestingly, Rule 46.20 is not among the previous Rules to which the exclusion is applicable.

Pleadings are now closed (Rule 56B.02)

Closure of Pleadings

As such, any dispute as to the pleadings will simply have to wait until trial, and then the relative costs penalties may apply to the party in default.

SCR 38.01 disclosure to be made within 28 days after the time limited by the rules of discovery.

Experts’ Reports

1. Parties are obliged to exchange all EXPERTS’ REPORTS upon which they intend to rely (Rule 38). If a party fails to do so, that evidence may not be allowed at Trial (Rule 38.02(1)(b)).

1. Note that there are two times when EXPERTS’ REPORTS are to be exchanged. Firstly, when the action is commenced and/or when the defendant files an Appearance (Rule 6A.08), secondly, 21 days after close of pleadings (Rule 38.01A(4)).

1. A party can obtain a further expert report after it has exchanged any other report under Rule 6A.08, however, it must serve the further report within 21 days.

1. The expert must be provided with a copy of Practice Direction No. 46 regarding the general duties of expert witnesses and the appropriate form for the same.

1. On request of another party in relation to an experts’ report, the party seeking to rely upon that expert must provide the other side with a copy of:

5.1.         A list of the documents referred to or prepared at the direction of the expert plus copies of those documents;

5.2.         Details of the amount charged by the expert for the Report;

5.3.         A list of all notes of conversations between the expert and the party or that party’s legal representative or any other expert identifying when the conversation occurred and with whom and the topics discussed plus copies of all the notes that were taken during those conversations.

Within 7 weeks of the filing of the 1^st appearance by any defendant

Status Hearing

1. The parties must attend a STATUS HEARING (Rule 56B.03).

1. During the STATUS HEARING, the parties will discuss listing a Settlement Conference as well as pleadings, reports, which persons must attend the Settlement Conference, etc.

Within 4 weeks of the status hearing and 11 weeks of the filing of any defendant’s appearance

Settlement Conference

The parties must attend a SETTLEMENT CONFERENCE Rule 56B.05). The following matters should be noted about a settlement conference:

1. Discovery will not yet have been made, other than the exchange of Experts Reports in line with either Rule 6A.04 or Rule 38.

1. During the Settlement Conference, the parties discuss whether or not they can reach a settlement before they incur the expense of pursuing the litigation, and whether it may be appropriate to seek to resolve any of the issues by alternative dispute resolution. The judge or master presiding will have considered the Experts’ Reports and will be in a position to explore the weaknesses of each side’s case with the individual parties, who are expected to attend.

1. The parties will also discuss time limits and future directions hearings will be listed.

1. The idea is for the same judge who manages the litigation to preside at Trial. For this reason, a different judge will hear the Settlement Conference.

1. If the action does not resolve, this is where the Court stops helping the parties settle. It can still refer the matter to mediation under section 65 of the Supreme Court Act on application by any party.

1. No interlocutory applications are to be made before the Settlement Conference. No time limits apply other than the appearance and pleadings limits.

Within 21 days of the settlement conference (or close of pleadings)

Discovery

The parties must make DISCOVERY and file Lists of Documents in the new Form 16B (Rule 58A.02). The following matters should be noted about discovery:

1. Parties can only discover documents that are or have been in their possession, custody or power which are DIRECTLY RELEVANT to any issue arising on the pleadings. (Rule 58A.03)

1. The parties might even agree to dispense with discovery or documents.

1. Parties are not to include documents that are only indirectly relevant unless it is ordered by the Court and in the interests of justice to do so (Rule 58A.04(1)).

1. Documents must be given only a “concise general description”. (Rule 56A.06)

Note:

One amendment to the pleadings without leave will be allowed for up to 14 days after Discovery has been made (Rule 53.01). After that, leave will be required.

Not more than 28 days after making discovery

Notices to Admit

Parties may file a NOTICE TO ADMIT  (Rule 54.01 as amended) and yet, “no such Notice shall be filed thereafter without leave of the Court”.

[This raises the question of whether a party is able to file a Notice to Admit without leave? It should be noted that under Rule 56B.10(b), no Notices to Admit are to be filed before the first Settlement Conference.]

Proceeding to trial

Directions hearing to proceed to trial

1. If a party wishes to have a matter listed for trial, it is necessary to apply to the Registrar for a listings for a DIRECTIONS HEARING.

1. If ready to go to trial, any party may apply at any time for a trial listing pursuant to Rule 74A(b)(3).

1. During the Directions Hearing, the Judge or Master will consider whether the action can be referred to Trial (Rule 74A.05A(3)).

1. There will be no Pre-Trial Conferences (Rule 74).

Up to 21 days before trial

Offers to Consent to Judgment

The defendant may file an OFFER TO CONSENT TO JUDGMENT (Rule 40.01).

Likewise the plaintiff may file an OFFER TO SETTLE (Rule 41.01).

Up to 7 days before trial

Acceptance of an offer to consent to judgment

The Plaintiff may accept defendant’s Offer (Rule 40.02).

Likewise, the defendant may accept plaintiff’s Offer (Rule 41.02).

Within 14 weeks of the first settlement conference or 18 weeks after close of pleadings

Time for Trial

TRIAL is to take place

Up to 14 days after trial

Appeal

Either party may seek leave to APPEAL unless leave is given as of right (Rule 94.01).