Judicial Powers of Case Management

Judges Powers of Case Management Victorian Parliament has passed laws that give powers to Victorian judges (and magistrates) to manage civil disputes. The rules of the court, the Magistrates’ Court General Civil Procedure Rules 2010 (Vic) The County Court Civil Procedure Rules and the Supreme Court (General Civil Procedure) Rules The Civil Procedure Act Purpose: o facilitate just, efficient timely and cost-effective resolution of the real issues in dispute.

Power to Refer to Mediation A judge or magistrate has the power to make an order referring a civil proceeding (or part of) to mediation Can assist the prompt and economical resolution of a dispute.

Power to give directions The Civil Procedure Act states that the court may give any direction or make any order it considers appropriate at any stage of the proceeding.

Matters dealt with at a directions hearing the state of the pleadings any disputes concerning the state of the pleadings, requests for details or complaints timeframes for discovery (documents, interrogatories, oral examination), mediation, filing of court books (a compilation of documents relevant to the case) referral to mediation ordering the parties to provide each other with a list of witnesses and a summary of the evidence of each witness fixing the date for trial or a further directions hearing.