The State Courts Practice Directions 2021 (PDF, 1439KB) and accompanying Forms (PDF, 1434KB) were published on 2 December 2021 and will come into operation on 1 April 2022.
For advocates and solicitors in the Middle/Junior Category: Refer to directions to seek a waiver from voting in the Law Society Council Elections 2021.
Drafting Family court orders? Refer to the Family Orders Guide, designed to be a reference point for suggested text when preparing court orders.
After the close of pleadings, a party has to disclose relevant documents relating to the claim for the other party in a civil case to inspect.
Note
This page describes the pre-trial processes for civil cases begun by a Writ of Summons (Writ) and heard in the Magistrate’s Court (non-injury motor accident action and any action for personal injuries), the District Court, and the General Division of the High Court.
Civil cases begun by a Writ and heard in the Magistrate's Court (except non-injury motor accident action and any action for personal injuries).
Civil cases begun by a Writ and heard in the District Court where all parties consent to the application of the simplified civil process.
What discovery and inspection mean
In general, the next stage after the close of pleadings will be discovery and inspection. At discovery, parties involved in the civil case are expected to disclose to each other relevant documents in their possession, custody or power relating to the claim.
The documents which the court may order a party to discover are those which the party relies or will rely on and can do any of the following:
Adversely affect their own case.
Adversely affect another party’s case.
Support another party’s case.
Discovery is done by filing and serving a list of documents prepared in accordance with Form 37 of the Rules of Court. Parties are then allowed to inspect each other's documents at a specified place and time within 7 days after being served the other parties' list of documents.
Note
Parties are encouraged to collaborate in good faith and agree on issues relating to the discovery and inspection.
Refer to the following to find out the possible fees for filing the documents. You may also refer to Appendix B of the Rules of Court for the full list of court fees.
$1 per page, subject to a minimum fee of $10 per affidavit
Refer to the following for the filing fees if your claim is up to $1 million. In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
Item or service
Fees
Filing the list of documents
$20
File the affidavit
$2 per page, subject to a minimum fee of $50 per affidavit
Refer to the following for the filing fees if your claim is more than $1 million. In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
Item or service
Fees
Filing the list of documents
$50
File the affidavit
$2 per page, subject to a minimum fee of $50 per affidavit
After you file
After filing, you will have to serve a copy of the list of documents and the notice on the other party.
You must allow the other party to:
Inspect the documents referred to in the list within the time limits specified in the notice.
Take copies of the documents referred to in the list of documents.
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.
