District Court Act 1973 Amendment of Forms (1996-461) [GG No 104 of 13.9.1996] (NSW)
1996 No 461
New South Wales DISTRICT COURT RULES 1973—FORMS
In pursuance of Part 47 rule 2 (2) of the District Court Rules 1973, I have amended the Forms approved for use in the Court by omitting Form 27E— Certificate as to preparations—and inserting instead the following Forms:
Form 27E
Plaintiff’s Certificate as to Preparations
(Practice Notes 33 and 39)
I certify that, in respect of this action:
1. The statement of claim was served on ............................. 199.... 2. All preparations required to this point are complete. 3. The requirements on the plaintiff of the Timetable and Standard Directions to this point have been met.
4. The information in the attached sheet is as of this date complete and accurate.
5. Settlement negotiations are proceeding [or, where appropriate, more detailed advice as to settlement negotiations] .
6. An order for referral to arbitration is sought [ or will be sought at the review; or at the status conference; or at other time (specify)] [ or will not be sought].
7 . [Where the plaintiff seeks an order for referral to arbitration] The defendant has consented [ or refused to consent] to the making of an order for referral to arbitration.
Dated: Plaintiff’s solicitor [ or counsel]
Published in Gazette No 104 of 13 September 1996, page 6392 Page 1
1996 No 461
District Court Rules 1973—Forms
Form 27F
Defendant’s Certificate as to Preparations
(Practice Notes 33 and 39)
I certify that, in respect of this action:
| 1. | Instructions to appear for the defendant were received on | 199 ...... |
2. All preparations required to this point are complete [ or preparations required to this point are not complete because of the following failure(s) by the plaintiff (specify)].
3. The requirements on the defendant of the Timetable and Standard Directions to this point have been met [or have been met except to the extent that the defendant has been prevented from meeting them by the failure(s) specified in 21].
4. The information in the attached sheet is as of this date complete and accurate.
5. Settlement negotiations are proceeding [or, where appropriate, more detailed advice a s to settlement negotiations].
6. An order for referral to arbitration is sought [or will be sought at the review; or at the status conference; or at other time (specify)] [or will not be sought].
7. [Where the defendant seeks an order for referral to arbitration] The plaintiff has consented [or refused to consent] to the making of an order for referral to arbitration.
| Dated: |
Defendant’s solicitor [ or counsel]
1996 No 461
District Court Rules 1973—Forms
Form 27G
Plaintiff’s information sheet
PERSONAL INJURIES ACTIONS
....................... v .......................
No. of 19 ...... Solicitor:
phone no. DX
Counsel:
phone no. DX
IS DATE SOUGHT FOR EARLY RETURN OF SUBPOENA: YES/NO
EXPERT WITNESSES
MEDICAL WITNESSES (refer Annexure “A”)
* Number to be called:
* Areas of expertise:
* Preferred day of week:* Dates unavailable:
NON-MEDICAL EXPERT WITNESSES (refer Annexure “A”)
* Number to be called:
* Areas of expertise:
* Preferred day of week:
* Dates unavailable:
1996 No 461
District Court Rules 1973—Forms
LIABILITY/BREACH OF DUTY
LAY WITNESSES
NAME AVAILABILITY
| 1 .......................... | YES/NO Days to avoid: |
| 2 .......................... | YES/NO Days to avoid: |
| 3 ....................... | YES/NO Days to avoid: |
(Attach list if space is insufficient)
POLICE WITNESSES
* Number to be called:
* Dates not suitable:
QUANTUM
| GENERAL’ DAMAGES/NON-ECONOMIC | LOSS |
| * | All medical examinations have been held: | YES/NO |
(list of outstanding examinations/reports set out in Annexure “A”)
| * All medical reports relied on have been served: | YES/NO |
(list of reports set out in Annexure “A”)
| * | Number of defendant’s doctors required for cross-examination: |
OUT-OF-POCKET EXPENSES
| Past: | Nil/Total $...... |
| Future: | Nil/Total $....../Weekly or annual rate $ ...... |
GRIFFITHS v KERKEMEYER CLAIM
| Any claim: | YES/NO |
| If yes, periods claimed (past and future): |
/ / - / / @ $......p.w. / / - / / @ $......p.w.
1996 No 461
District Court Rules 1973—Forms
PAST ECONOMIC LOSS
Any claimed: YES/NO If yes, periods claimed: / / - / / @ $......p.w.
/ / - / / @ $......p.w.
/ / - / / @ $.. .... p.w.
Have letters from employers / comparable wage records, awards, etc. been served for each period claimed: YES/NO
WORKERS' COMPENSATION
Is payback figure relevant: YES/NO If Yes, what is it: $...... (this figure should be accurate to one week before the Review) FOX v WOOD FIGURE: Nil/Total $...... (this must be available at the Review, current to the time covered by the payback figure date)
FUTURE ECONOMIC LOSS/LOSS OF EARNING CAPACITY
Any claim for future economic loss: YES/NO If Yes, at what net weekly rate: $...... Any claim for diminution: YES/NO If Yes, method of quantification: $...... per week/lump sum ACTUARIAL CALCULATIONS Are any being relied on: YES/NO Has an up-to-date report been served: YES/NO (refer Annexure “A”)
1996 No 461
District Court Rules 1973—Forms
Have details been obtained of any payments due to the Health Insurance Commission, Department of Social Security and/or Commonwealth
| Rehabilitation Service: | YES/NO/N.A. |
ANY COMPLICATIONS ANTICIPATED: If so, brief details.
LISTING INFORMATION
| ESTIMATED DURATION: | Arbitration: | hours/days |
| Court hearing: | hours/days |
| OVERSEAS WITNESSES: | YES/NO |
| INTERSTATE WITNESSES: | YES/NO |
| COUNTRY WITNESSES: | YES/NO |
| IS INTERPRETER REQUIRED: | YES/NO |
ANNEXURE “A”
The following medical reports will be relied upon:
TO CALL
NAME DATE DATE SERVED YES/NO
1996 No 461
District Court Rules 1973—Forms
The following medical reports / examinations are outstanding Nil / As follows:
DATE OF
NAME PENDING EXAMINATION
The following experts’ reports (non medical) will be relied upon:
TO CALL
NAME AND EXPERTISE DATE DATE SERVED YES/NO
The following experts’ reports (non medical) are outstanding Nil / As follows:
NAME AND EXPERTISE DATE
1996 No 461
District Court Rules 1973—Forms
Form 27H
Defendant’s Information Sheet
PERSONAL INJURIES ACTIONS
....................... v .......................
| No. | of | 19 ...... |
| Solicitor: |
phone no. DX
Counsel:
phone no. DX
IS DATE SOUGHT FOR EARLY RETURN OF SUBPOENA:YES/NO
ISSUES
| Liability in dispute: | YES/NO |
| Breach of duty of care in dispute: | YES/NO |
| Quantum in dispute: | YES/NO |
| Contributory negligence alleged: | YES/NO |
EXPERT WITNESSES
MEDICAL WITNESSES (refer Annexure “A”)
* Number to be called:
* Areas of expertise:
* Preferred day of week:
* Dates unavailable:
1996 No 461
District Court Rules 1973—Forms
NON-MEDICAL EXPERT WITNESSES (refer Annexure “A”)
* Number to be called:
* Areas of expertise:
* Referred day of week:* Dates unavailable:
LIABILITY/BREACH OF DUTY
LAY WITNESSES
NAME AVAILABILITY
1 .......................... YES/NO Days to avoid: 2 .......................... YES/NO Days to avoid: 3 .......................... YES/NO Days to avoid: (Attach list if space is insufficient)
POLICE WITNESSES
* Number to be called:
* Dates not suitable:
QUANTUM
GENERAL DAMAGES/NON-ECONOMIC LOSS
* All medical examinations have been held: YES/NO (list of outstanding examinations/reports set out in Annexure “A”)
* All medical reports relied on have been served: YES/NO (list of reports set out in Annexure “A”)
* Number of plaintiff’s doctors required for cross-examination:
1996 No 461
District Court Rules 1973—Forms
PARTICULARS
| Are any particulars outstanding: | YES/NO |
| If yes, give details: | |
| ACTUARIAL CALCULATIONS | |
| Are any being relied on: | YES/NO |
Has an up-to-date report been served: YES/NO
(copies of all such reports relied on must be available at the Review and set
out in Annexure “A”)
ANY COMPLICATIONS ANTICIPATED: If so, brief details.
LISTING INFORMATION
| ESTIMATED DURATION: | Arbitration: | hours/days |
| Court hearing: | hours/days |
| OVERSEAS WITNESSES: | YES/NO |
| INTERSTATE WITNESSES: | YES/NO |
| COUNTRY WITNESSES: | YES/NO |
| IS INTERPRETER REQUIRED: | YES/NO |
1996 No 461
District Court Rules 1973—Forms
ANNEXURE “A”
The following medical reports will be relied upon:
NAME DATE DATE SERVED
The following medical reports / examinations are outstanding Nil / As follows:
DATE OF
NAME
PENDING EXAMINATION
1996 No 461
District Court Rules 1973—Forms
The following experts’ reports (non medical) will be relied upon:
NAME AND EXPERTISE DATE DATE SERVED
| The following experts’ reports (non medical) are outstanding Nil / As |
| follows: |
NAME AND EXPERTISE DATE
1996 No 461
District Court Rules 1973—Forms
Form 27I
Information Sheet
ACTIONS OTHER THAN FOR PERSONAL INJURIES
PLAINTIFF DEFENDANT OTHER PARTY
....................... v .......................
No. of 19 ...... Solicitor:
phone no. DX
Counsel:
phone no. DX
IS DATE SOUGHT FOR EARLY RETURN OF SUBPOENA: YES/NO
INTERLOCUTORIES
1. PARTICULARS SOUGHT YES/NO FURNISHED YES/NO 2. DISCOVERY SOUGHT YES/NO MADE YES/NO 3. INSPECTION SOUGHT YES/NO CONDUCTED YES/NO
4. INTERROGATORIES APPROPRIATE YES/NO
1996 No 461
District Court Rules 1973—Forms
IF YES: ASKED YES/NO
ANSWERED YES/NO
| 5. | NOTICES TO ADMIT | SERVED | YES/NO |
| DISPUTED | YES/NO |
LAY WITNESSES
NAME STATEMENT TAKEN AVAILABILITY
| 1 ............. | YES/NO | YES/NO Days to avoid: |
| 2 ............. | YES/NO | YES/NO Days to avoid: |
| 3 ............. | YES/NO | YES/NO Days to avoid: |
(Attach list if space is insufficient)
EXPERT WITNESSES
NAME WHETHER REPORTS AVAILABILITY AVAILABLE/SERVED
| 1 ............. | YES/NO | YES/NO Days to avoid: |
| 2 ............. | YES/NO | YES/NO Days to avoid: |
| 3 ............. | YES/NO | YES/NO Days to avoid: |
(Attach list if space is insufficient)
DOCUMENTS
1. Has duty been paid on all stampable documents? YES/NO
2. Have all books of account, invoices and the like been inspected by the party against whom they are to be introduced? YES/NO
1996 No 461
District Court Rules 1973—Forms
ANY COMPLICATIONS ANTICIPATED: If so, brief details.
LISTING INFORMATION
ESTIMATED DURATION: Arbitration: hours/days Court hearing: hours/days
OVERSEAS WITNESSES: YES/NO INTERSTATE WITNESSES: YES/NO COUNTRY WITNESSES: YES/NO IS INTERPRETER REQUIRED: YES/NO Dated this 3rd day of September 1996
The Hon Justice R.O. Blanch
Chief Judge
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