SUPREME COURT 
OF THE AUSTRALIAN CAPITAL TERRITORY

PRACTICE DIRECTION NO. 1 OF 2013

ARRANGEMENTS FOR APPLICATIONS

This Practice Direction revokes Practice Direction No. 4 of 2012 and Notice to Practitioners dated 15 November 2006.

Practitioners are advised of the following further changes to the Applications List that used to be conducted by the Master on a Friday.  These changes will take effect from 17 June 2013.

There will no longer be a general Master’s or Judge’s applications list.

Docketed Matters

An Application in Proceeding filed in a matter that has already been docketed will be given a return date, that is not a hearing date, in the docket Judge’s callover list, usually in the following 8 to 15 days.  If the matter is more urgent, however, the applicant must contact the docket Judge’s associate to arrange a hearing date for the application.

Undocketed Matters – applications in proceeding not within the Registrar’s jurisdiction

The following procedure will apply to an application in proceeding filed in a matter that is not yet docketed, and where the application does not fall within the Registrar’s jurisdiction (rule 6250 and schedules 5, Part 5.1 and 5.2 Court Procedures Rules 2006 (ACT)).

1.	The matter will be given a return date on a Friday morning at 9:30am allowing sufficient time for the service of the application in accordance with Rule 6008.  This is not a hearing date.

2.	At that time, the Registrar will conduct a callover of matters listed.

3.	At the callover the Registrar may:

(a)	docket a matter in which an application is filed, to a Judge or the 
       Master and give the matter a callover date before the docket Judge;               
(b)  make directions in the matter;
(c)  make consent orders;
(d)  adjourn the application to a later Friday at 9:30am.

Originating Applications not within the Registrar’s jurisdiction

When an originating application is filed, the matter will be docketed in chambers and the application will be given a return date which will be a callover date (not a hearing date) before the docket Judge in approximately 8 to 15 days.

Urgent Applications – other than in docketed matters

If an application is genuinely urgent, practitioners need to advise the staff at the counter when filing the application.  The application will be brought to the attention of the Registrar and the List Clerk, and the List Clerk will liaise with the Duty Judge to ascertain a suitable time and day for the hearing of the matter on an expedited basis.  

Applications in undocketed matters, within the Registrar’s jurisdiction 

Applications in undocketed matters within the Registrar’s jurisdiction will continue to be heard at 11:00am on a Monday.

However, should an application be of such complexity and length, or should it, for any other reason, be more appropriately heard by a Judge or the Master, the applicant must lodge with the application and affidavit, a letter addressed to the Registrar:

(a)	Explaining the reasons why they consider that the application should be heard by a Judge or the Master notwithstanding that the rule under which it is brought falls within the Registrar’s jurisdiction; and 
(b)	Indicating how long they estimate the application would take to be heard.

If the Registrar is satisfied that the application should be heard by a Judge or the Master, the Registrar will docket the matter in Chambers and give the application a return date, which will be a callover date, and not a hearing date, before the docket Judge in approximately 
8 to 15 days.

By direction of the Judges.

Annie Glover
Registrar

13 June 2013