To ensure the Court can continue to deliver core and vital services during the coronavirus (COVID-19) pandemic, the Court has introduced a suite of changes to its processes and procedures.
Proceedings in which a plaintiff alleges that he or she is suffering from a dust disease should be initiated in this List. A 'dust disease' is defined as any pathological condition of the lungs, pleura, peritoneum or sinus that is attributable to dust.
Practice Note SC CL 2 Dust Diseases List (Second revision) provides examples of dust diseases.
Note that, notwithstanding Practice Note SC CL 1 Civil Circuit List (Second revision), proceedings in which the cause of action arose in regional Victoria or where the majority of witnesses or parties reside in regional Victoria ('regional matters') should be initiated in the Dust Diseases List. Such proceedings will receive special management and may be fixed for trial in the relevant circuit sitting or in Melbourne depending on the urgency of the matter.
Judges in charge
The Honourable Justice Incerti
The Honourable Justice Keogh
The Honourable Associate Justice Ierodiaconou
Judicial Registrar Baker
A team of lawyers assists the judicial officers with the management of proceedings in the Dust Diseases 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 Dust Diseases List at a first directions hearing or in conjunction with an application for an expedited trial. 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, or upon the determination of an expedited trial application, 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 forms below:
For non-regional matters Request For Orders First Directions form
For regional matters Request For Orders First Directions form - Regional
Proceedings will generally be listed for a pre-trial conference conducted by a deputy prothonotary (excluding contribution only claims. See information concerning pre-trial conference listings below). All proceedings will be referred to a final directions hearing to confirm the readiness of the matter for trial and to deal with any outstanding interlocutory issues. Regional matters may be the subject of a pre-trial conference in Melbourne upon request but are otherwise to be the subject of private mediation (as are contribution only proceedings).
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.
Urgent directions hearings
Parties seeking an urgent directions hearing at any stage of a proceeding should contact email@example.com@sesaesid.tsud in the first instance.
All interlocutory applications (including applications for nunc pro tunc orders and/or an expedited trial) should be made on summons in accordance with Practice Note SC CL 2 Dust Diseases List (Second revision).
Order 41/De Bene Esse Examinations
Parties seeking an order pursuant to Order 41 of the Supreme Court (General Civil Procedure) Rules 2015 by consent, should send their request, including at least 2 proposed dates/times for the examination as previously discussed between the parties, together with a proposed Minute of Consent in both Word and signed PDF format by email to firstname.lastname@example.org@sesaesid.tsud .
A party seeking an order pursuant to Order 41 of the Supreme Court (General Civil Procedure) Rules 2015, other than by consent, should follow the procedure in paragraph 8 of Practice Note SC CL 2 Dust Diseases List (Second revision).
Parties seeking to arrange an Examination should contact the Judicial Services Manager at email@example.com@esseenebed (refer to Practice Note SC GEN 13 Examination De Bene Esse (First revision) for details of the examiner’s remuneration).
Proceedings, other than Regional Proceedings, will be listed for a final directions hearing at which an appearance is compulsory by a person adequately briefed to address questions from the Bench as to the readiness of the proceeding for trial.
For more information refer to Practice Note SC CL 2 Dust Diseases List (Second revision).
Pre-trial conference calendar
The Court publishes a Pre-Trial Conference Calendar as a tool for practitioners to check their current listings and obtain an indication of available times when considering preferred dates for the adjournment of pre-trial conferences. Subject to available resources, the Court may schedule up to two conferences per day, one at 10am and one at 2pm. The Calendar shows matters which are currently listed and practitioners may submit preferred/alternative dates/times based on the availabilities indicated. Availability of specific dates/times is not guaranteed.
Requests to adjourn a PTC should be made no later than 48 hours prior to the scheduled date via email to firstname.lastname@example.org@ctp , copying in all parties. Parties should select 2-3 suitable adjournment dates/times by reference to the Calendar and include them in their email to the PTC inbox.
Parties are reminded of the requirement to order transcript for trials and should consider the requirements for ordering transcript contained in Practice Note SC GEN 7 Transcript in Civil Proceedings (Second revision).
|Date of Judgment||Judgment|
|29 November 2021||Seltsam Pty Ltd v Reid  VSCA 326|
|7 October 2021||Reid v Seltsam Pty Ltd  VSC 653|
|19 May 2020||Reid v Amaca Pty Ltd & Anor  VSC 276|
|14 May 2019||Seltsam Pty Ltd v Amaca Pty Ltd  VSC 312|
|21 December 2016||Swiatek v Amaca Pty Ltd & Ors  VSC 808|
|16 December 2016||CSR Limited & Ors v Amaca Pty Ltd  VSCA 320|
Seminars & speeches
- The dos and don'ts of virtual hearings webinar - June 2020
- How to make effective interlocutory applications seminar - Nov 2019
- Wellbeing seminar - May 2019
- Paperless trials and in-court technology seminar - November 2018
- Expert Evidence in Personal Injury Proceedings - May 2018
- The Lost Art of Preparation for & Advocacy in Jury Trials - October 2017
- Preparing for Mediation in Personal Injury Proceedings - April 2017
- Applications in the Personal Injuries & Dust Diseases Lists - seminar April 2016
- Personal injuries and dust diseases seminar - August 2015
Communications in relation to the Dust Diseases List should be directed to email@example.com@sesaesid.tsud or 8600 2435.
Enquiries concerning pre-trial conferences should be directed to firstname.lastname@example.org@ctp .
Enquiries concerning De Bene Esse should be directed to the Judicial Services Manager at email@example.com@esseenebed .
Parties are reminded that any correspondence with the Court must be sent simultaneously to all other parties and must be confined to uncontroversial matters. For further information about communication with the Court, see para 6 of Practice Note SC Gen 4 Custom and Protocol.