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Prepare for a civil simplified case conference (from 1 Apr 2022)

Note

This page describes the simplified civil process for cases begun by an originating claim (OC) and heard in the Magistrate's Court or the District Court where all parties consent to the application of the simplified civil process.

Refer to Start a civil claim by originating claim or Respond to a civil claim made by an originating claim instead if either of the following applies to your case:

  • Civil cases begun by an OC and heard in the General Division of the High Court.
  • Civil cases begun by an OC and heard in the District Court where parties do not agree to the application of the simplified civil process.

Parties should negotiate before attending their Civil Simplified Case Conference (Civil Simplified CC) once the court notifies them of their Civil Simplified CC date.

Each party should know more about the strengths and weaknesses of each other’s case through the upfront disclosure of relevant documents with their pleadings.

If you are the party who filed the claim (the claimant), refer to File and serve pleadings (simplified civil process) to find out the pleadings you will have to file.

If you are the party against whom the claim is filed (the defendant), refer to How to respond to an originating claim to find out the pleadings you will have to file if you contest the plaintiff's claim.

Documents to file

In order for the Civil Simplified CC to be effective and fruitful, each party must comply with all directions, prior to attending the first Civil Simplified CC session.

For parties represented by a lawyer, the lawyer should take all necessary instructions from them to achieve a resolution of the matter, including exploring the use of any alternative dispute resolution (ADR) process.

Each party must complete the following 7 days before attending the first Civil Simplified CC:

Parties are to exchange proposals and negotiate with a view to settle the dispute at the earliest opportunity. These proposals should be prepared in according with Sample Letter of Offer (Form 4 of Appendix A1 of the State Courts Practice Directions 2021).

Each party must file the Claimant's/Defendant's List of Issues in Dispute and List of Witnesses (Form 5 of the Appendix A1 of the State Courts Practice Directions 2021) via eLitigation at the LawNet & CrimsonLogic Service Bureau.

Parties should inform the court and the other party of the areas of dispute and the witnesses they intend to call to give evidence in support of their case within the form.

Each party must read, complete and file the Court Dispute Resolution (CDR)/Alternative Dispute Resolution (ADR) Form (Form 6 of Appendix A1 of the State Courts Practice Directions 2021) via eLitigation at the LawNet & CrimsonLogic Service Bureau.

This will inform the court and the other party of which ADR option they prefer to help resolve the case.

Note
If a lawyer is representing a party, the lawyer must also complete the CDR/ADR form.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more

Resources

Refer to Digest 2B
Legislation associated with this topic includes Order 9 of the Rules of Court 2021

2022/04/05

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