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.
The Major Torts List is designed to facilitate and expedite the passage of large or otherwise significant tortious claims to trial. Any proceeding which is primarily of a tortious nature may be entered in the List, including any associated proceeding that derives from tortious conduct.
Proceedings managed in the Major Torts List include:
- defamation proceedings
- tortious claims for economic loss or property damage
- nuisance claims, including land contamination
- intentional torts
- class actions where the predominant cause of action is based in tort
- tortious claims of significant public interest
- applications for punishment for contempt other than those referred to in Rule 75.06(2).
Personal injury proceedings in which the primary cause of action is negligence should be initiated in either the Personal Injuries List or the Dust Diseases List. Tortious claims against professionals should generally be initiated in the Professional Liability List. The Practice Notes relating to those Lists assist practitioners to determine the appropriate List.
Note however that 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.
Judge in Charge
The Honourable Justice John Dixon
The Honourable Associate Justice Daly
Judicial Registrar Clayton
The Judicial Registrar will give directions for the management of a proceeding in the Major Torts List at a first directions hearing . The Court will notify the parties after the filing of the first defence , and no summons for directions is necessary. The types of matters to be addressed at a first directions hearing are referred to in Practice Note SC CL 4 Major Torts List .
Parties are encouraged to seek consent orders on the papers in relation to interlocutory steps in the proceeding and setting the matter down for trial. Requests for consent orders are to be made to the list coordinator in accordance with Practice Note SC CL 4 Major Torts List.
Parties may obtain a return date for any interlocutory applications by sending the interlocutory application information form to the list coordinator. A return date is required before an interlocutory application may be filed.
Directions dates - 2020
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 Transcripts in Civil Proceedings .
Transcripts can be ordered from the Court’s transcript provider - Auscript on (03) 9672 5601. Fees apply and are available from Auscript. Please note that the Court generally requires that practitioners order running transcripts for trials. Orders for these transcripts must be placed with Auscript no later than 9 am of the date of the hearing or trial.
- Practice Note SC CL 4 Major Torts List
- Practice Note SC GEN 5 Technology in Civil litigation
- Practice Note SC GEN 6 Judicial Mediation Guidelines
- Practice Note SC GEN 7 Transcript
- Practice Note SC GEN 10 Group Proceedings
SEMINARS AND SPEECHES
General enquiries in relation to the Major Torts List should be directed to the list coordinator at firstname.lastname@example.org@strot.rojam
Parties are reminded that any correspondence with the Court must be sent simultaneously to all other parties and must be confined to uncontroversial matters. Requests for legal or procedural advice will not be answered. For further information about communication with the Court, see para 6 of Practice Note SC Gen 4 Custom and Protocol.