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 Home arrow Information for practitioners arrow Fast track list

Fast Track List

spacer arrow Introduction
spacer arrow Key elements of Fast track List
spacer arrow Matters in the Fast Track List
spacer arrow Frequently asked Questions and Answers
spacer arrow Notice to Practitioners - Directions for the Fast Track List


Frequently Asked Questions and Answers


Who are the Judges on the Fast Track List?

Justices Finkelstein, Middleton and Gordon are on the Fast Track List.

 

What types of matters can be put in the Fast Track List?

The proceedings that can be entered on the Fast Track List are proceedings arising out of or relating to:

(a) commercial transactions;

(b) an issue that has importance in trade or commerce;

(c) the construction of commercial documents;

(d) an issue that has importance in personal insolvency;

(e) intellectual property rights apart from patents;

(f) such other commercial matters as the presiding judge may direct;

but excluding proceedings –

(x) that would otherwise be allocated to the -

i. admiralty panel;

ii. corporations panel;

iii. taxation panel.

(y) the trial of which is likely to exceed eight (8) days.

Refer to Section 2 of the Notice to Practitioners – Directions for the Fast Track List.

 

Can I have a current matter transferred from a Judge's docket to the Fast Track List?

A current matter can be transferred from a Judge's docket to the Fast Track List. An order by the Docket Judge transferring the file to Fast track List is required.

 

Can a matter be removed from the Fast Track List if it becomes apparent, for whatever reason, that the Fast Track List is no longer appropriate?

A matter can be removed from the Fast Track List if either on the judge’s own motion or at the request of the respondent, a judge who is a member of the panel forms the view that a case would be more appropriately dealt with otherwise than in the list.

Refer to Section 4.4 of the Notice to Practitioners – Directions for the Fast Track List.

 

When will the scheduling conference be held?

An initial directions hearing, called the “Scheduling Conference”, shall be set down not less than forty-five (45) business days from the date of the filing of the application. In urgent cases the Scheduling Conference may be set down earlier.

Refer to Section 6.1 of the Notice to Practitioners – Directions for the Fast Track List.

 

What happens at a scheduling conference?

The scheduling conference is a conference conducted in a less formal fashion where the pre-trial requirements/issues are identified and most likely timetabled. In addition, it is likely that a date for mediation would be determined.

 

When will I get a hearing date?

A hearing date can be allocated at the scheduling conference. Generally the hearing date will be two to five months from the date of the scheduling conference. If, though, there is a more urgent need for a trial date they can be heard at shorter notice.

 

 

 

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Updated April 30, 2009