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Personal injuries List

A number of the specialist lists of the Common Law Division cater for personal injury proceedings of various types, although the majority of these proceedings are managed in the Personal Injuries List.  Practice Note SC CL 3 sets out the types of proceedings which should be initiated in this List and provides information concerning their management.

Proceedings involving dust-related conditions should be initiated in the Dust Diseases List (see Practice Note SC CL 2).

If the primary cause of action involves an intentional tort, the proceeding should be initiated in the Major Torts List (see Practice Note SC CL 4)

Save for dust diseases, personal injury proceedings in which the cause of action arose in regional Victoria or where the majority of witnesses or parties reside in regional Victoria should be initiated in the Civil Circuit List (see Practice Note SC CL 1)

Judge in Charge

The Honourable Justice Rita Zammit

Associate Judge in Charge

The Honourable Associate Justice Ierodiaconou

Management of cases

A team of lawyers assists the judicial officers with the management of proceedings in the List. They perform a range of tasks including: triaging pleadings and other material; assessment of proposed consent orders; preparation of matters ahead of hearings; and liaison with the Profession.

Directions will be given for the management of a proceeding in the List at a first directions hearing. The Court will contact the parties after the filing of the first defence, and no summons for directions is necessary. At or shortly after the first directions hearing, a trial date for the proceeding will be fixed. Parties are encouraged to seek consent orders 'on the papers' concerning the trial date and interlocutory timetable. Requests for such orders are to be made using the Request for Consent Orders First Directions form.

All interlocutory applications (including applications to adjourn or vacate the trial date) should be made on summons in accordance with Practice Note SC CL 3.

All proceedings will be listed for a post-mediation directions hearing two to three weeks after the date mediation has been ordered to have occurred, and a final directions hearing at least four weeks before the trial date will be listed to confirm the readiness of the matter for trial. Attendance at these directions hearings is compulsory and requests for adjournments will only be granted in extraordinary circumstances.

All persons appearing at directions hearings must have a good working knowledge of the matter and be in a position to advise the Court on its progress and readiness for trial. It is the Court's expectation that the practitioner with the conduct of the file, or a person sufficiently briefed such that all questions from the bench can be addressed, will appear at the final directions hearing. Non-admitted persons are required to seek leave to appear prior to the date of any hearing by way of the List email address below.

Further information and resources

Notices

Forms

Seminars

Judgments and verdicts

 

Contact details

Communications in relation to the Personal Injuries List should be directed to personal.injuries@supremecourt.vic.gov.au.

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