EXPLANATORY STATEMENT
Statutory Rules 1989 No. 2.
Issued by the Authority of the Judges of the Supreme Court of the Australian Capital Territory
AMENDMENT OF THE RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
These amendments relate to the practice and procedure of the Court in civil actions.
Order 39 of the Rules deals with the procedure relating to evidence at the trial of an action or assessment of damages. The Court is changing its listing procedure in 1990 to require parties to attend a Listing Hearing to obtain a date for hearing. The purpose of the Listing Hearing is both to ensure that the matter is ready for hearing and that the prospects of settlement have been fully explored.
Rule 26A has been inserted in Order 39 to enable the Registrar to give leave to parties to inspect documents produced on subpoena where there is no objection. Parties will therefore be able to inspect documents prior to or at the Listing Hearing, giving them the opportunity to know the evidence they will have to meet at the hearing.
Division 6 has been inserted in Order 39 to provide in Rule 46 for disclosure of experts’ reports and hospital reports by the parties prior to a date being fixed for hearing. This provision will also assist the parties to know the case they will have to meet at trial and therefore enable reasonably frank disclosure concerning settlement prospects. Rules 47 and 48 facilitate proof of such expert and hospital reports without the necessity to call the author to give oral evidence.
Rule 49 preserves the right of a party to require the author of a report to attend for cross-examination.
Order 36A has been inserted to incorporate a previous Practice Direction of the Court requiring the plaintiff to serve a Statement of Particulars in proceedings in which a claim is made for damages for personal injuries. The Statement of Particulars is designed to allow the defendant to make an assessment of general damages based on the plaintiff’s injuries, special damages based on out-of-pocket expenses and past and future economic loss.
Order 36A rule 3 requires such a Statement of Particulars to be filed before the date fixed for determining the trial date, again, to allow each party to be in a position to explore settlement negotiations fully before the matter is listed for hearing.