THE PRACTICE NOTE OF THE CHIEF DISTRICT COURT JUDGE

ISSUED 1 DECEMBER 2004

RELATING TO PRE-HEARING MATTERS FOR APPEALS UNDER

THE INJURY PREVENTION, REHABILITATION AND COMPENSATION ACT 2001

In all appeals pursuant to the Injury Prevention, Rehabilitation and Compensation Act 2001 or any successor legislation, the Court will, subject to any statutory requirement to the contrary, adopt the following procedures in relation to pre-hearing matters.

1. All applications for permission to call or submit evidence on any appeal shall have attached a brief of the oral evidence and a copy of any documentary evidence such as medical and other reports proposed.

2. Before allocating a fixture for any appeal the Registrar may either

a) Conduct a pre-hearing telephone conference, or

b) Allocate a directions hearing before a Judge:

Dependent on:

i. The apparent complexity of the appeal;

ii. A request of one or both of the parties;

iii. Perceived undue delays in progressing the appeal.

3. Pre-hearing conferences will be by telephone, between the lawyers for the parties, or if not represented, the parties themselves.

4. At that telephone conference or directions hearing the parties will be expected to deal with the following matters:

a) The timely filing and service on the other side of submissions;

b) The content of such agreed bundle of documents as the Judge considers necessary. References to relevant pages of the Review Hearing Transcript should be included in the Agreed Bundle of Documents and that Bundle must contain an index. Each document must be tabulated and all pages sequentially numbered.

c) Admission of evidence.

d) The estimated hearing time of the appeal.

e) The availability of counsel and/or parties for a fixture date, time and place.

f) Whether or not the appeal can be dealt with on the papers, without the need for a formal hearing. 

g) Any other matters specific to the particular appeal in question.

5. In the event of any disagreement between counsel and/or the parties over pre-hearing matters which cannot be resolved by the Registrar, the matter will be referred to a District Court Judge for determination.

__________________________

D J Carruthers

Chief District Court Judge