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Associate judges’ jurisdiction
Associate judges resolve a wide range of interlocutory disputes, and give directions, make orders and give judgments in an intermediate stage of a proceeding. They also have original jurisdiction in a number of areas and perform work that is final in nature.
Practitioners please note - former Civil Management List
The Civil Management List (CML) has now been discontinued with effect 23 February 2016. Matters previously related to the Civil Management List will now be listed in the Associate Judges Practice Court 2.
Civil trial callover
An associate judge manages the civil trial callover list. The list covers all proceedings listed for trial in the Supreme Court. A callover form is faxed to all parties approximately four weeks prior to the scheduled trial date and is required to be returned via facsimile or email within 48 hours of receipt. If not returned within the requisite time, the Court may vacate the trial date or list the proceeding for a directions hearing.
Testators Family Maintenance (TFM) proceedings
They manage applications to contest wills under Part IV of the Administration and Probate Act 1958.
There are two kinds of pre-trial hearings before an associate judge:
- Pre-trial directions: These involve resolving timetabling issues, including the listing of hearing dates, mediation dates and setting the due dates for all Court documents. This also includes directions hearings in the regional circuit court, as part of the civil circuit. The pro forma Minutes of Order, is often used by practitioners at pre-trial directions.
- Pre-trial applications: These involve disputes that arise between a proceeding being listed for trial and the trial.
Associate Judges’ Practice Court 2
The Associate Judges Practice Court hears applications in proceedings commenced by writ and originating motion where a trial has not been set. The applications heard include all interlocutory applications not dealt with in a specialist area, as well as the hearing or management of matters in the original jurisdiction of the Associate Judges.
The interlocutory disputes and applications include applications for substituted service of court process, disputes concerning the discovery or disclosure of documents, summary judgment applications, pleadings disputes, applications for security for costs, assessments of damages, applications to extend the period of validity of Writs and warrants of execution, garnishee summonses, examinations of debtors, registration of foreign judgments and a variety of other matters including those previously listed in the former Civil Management List.
The listing of matters in Court 2 is administered by the registry- see Notice to the profession – Applications in Associate Judges’ Practice Court 2
Associate judges' trial jurisdiction
Associate judges have jurisdiction to make final orders in three broad categories of proceedings which include;
In certain Corporations cases, including applications for the winding up of corporations, setting aside statutory demands, reinstating the registration of corporations and the remuneration of administrators and liquidators.
Matters within the associate judges’ original jurisdiction which include applications for the modification or removal of restrictive covenants, awards of executor’s commission and the payment out of funds paid into court.
Trials of proceedings referred to them by Judges of the Supreme. Court
Associate judges also handle some urgent applications see advice on urgent matters for more.
Associate judges and judicial registrars conduct judicial mediations referred by judges and associate judges.