For certain cases such as personal injury claims, a judge may grant judgment on which party is liable but not on the quantum of damages (precise amount of money) to be awarded to the winning party.
This amount of money to be awarded may be assessed by the court at an assessment of damages hearing conducted by a registrar or a judge at a later date.
If you are the party entitled to the benefit of the judgment (the claimant), you will have to file an application for directions within 1 month from the date the judgment was granted.
Refer to the following to find out the steps to take for filing an applicationfor directions, depending on which court the case is heard.
An Assessment of Damages Case Conference (“Assessment CC”) will be fixed around 7 weeks after the date judgment is entered. An Assessment CC Notice will be issued to the claimant and any party against whom judgment has been entered (if that party has filed a notice of intention to contest) notifying parties of the date of the Assessment CC, and directing parties to file the necessary documents and take the necessary steps to move the matter towards settlement or an Assessment of Damages hearing.
In general, the Assessment CC is conducted on a documents-only basis. This means the court may proceed to make orders or issue directions to parties based on the documents filed without the attendance of the parties unless the court directs otherwise.
You should prepare the application for directions in the form of a summons in accordance with Form 1 of Appendix A2 to the State Courts Practice Directions 2021.
You should prepare the application for directions in the form of a summons in accordance with Form 1 of Appendix A to the Supreme Court Practice Directions 2021 before you file.
Refer to File a summons for directions to find out more about the process and the estimated fees to file your documents.
The court may consider the appropriate orders or directions after the application for directions is filed. This may include, but not limited to, the following:
In general, the court will arrange for the parties to attend Assessment of Damages Court Dispute Resolution Conferences (“ADCDRs”). At these conferences, the court may schedule a date for the matter to be heard at an assessment of damages hearing.
Refer to State Courts Registrar's Circular 13 of 2020 to find out more information about what to expect for hearings in the State Courts.
Parties will present evidence at the assessment of damages hearing to assist the court in determining the appropriate quantum of damages to be awarded.
The assessment of damages hearing will generally follow a similar order of proceedings as a civil trial. After each party has presented the party's case, the court may order the defendant to pay the claimant the amount of damages that the court has decided to award the claimant.