Trial Civil Procedures Reform

The issue of civil procedures reform has been on the agendas of most superior Courts, including the Northern Territory Supreme Court.? Preliminary proposals were put forward, initially by The Hon Justice Mildren, and discussions held.

Many of you would be aware the an Ad Hoc rules Committee chaired by The Hon Justice Mildren and consisting of The Hon Justice Riley and representatives from both the NT Bar Association and the Law Society Northern Territory. This Committee has been set up and has been reviewing Supreme Court civil procedures. A draft Practice Direction Trial Civil Procedures Reforms and Explanatory Document were prepared and circulated around the profession. A CPD on the documents was recently held in Alice Springs by Alastair Wyvill, a member of the Committee.

The documentation was reviewed at the recent Judges' conference and a draft Practice Direction and Explanatory document were recommended by the Judges.

They were discussed at a CPD held in William Forster Chambers and will be discussed at a meeting of the Rules Committee to be held on 1 June 2009. There may be some further adjustments to the documents but any amendments are likely to be minor and aimed at clarifying some matters .

It is clear than when put in places new procedures will apply to the conduct of litigation and there will be a number of challenges that practitioners cannot avoid, with heavier obligations at the start of proceedings and an emphasis on early resolution. All practitioners and members of your practice working in the area will need to be fully aware of them.

Failure to comply with the new requirements could result in costs orders against your client (or the practitioner themselves in certain cases). It is felt that there could be increased complaints to the Society about practitioners who fall foul of these procedures causing their client to lose out and increased Professional Indemnity Insurance Claims against the law practices concerned.

The Society and members of the NT Bar Association are looking at holding another, longer, CPD to explain the new procedures, once the Practice Note has been finalized.

The Rules Committee has been asked by the Judges to continue their Inquiry into civil procedures and make further recommendations.