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.
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
Judicial Registrar Clayton
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: review of 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 approximately four weeks before the trial date will be listed to confirm readiness 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.
Fast Track Pilot - Motor Vehicle Accident Damages Proceedings
The Common Law Division has introduced a 'Fast-Track Pilot' case management procedure for single defendant, quantum only motor vehicle accident proceedings where the parties have engaged in pre-litigation alternative dispute resolution processes pursuant to the Transport Accident Act Common Law Protocols.
The Fast Track Pilot commenced on 1 January 2019 and is aimed at expediting the hearing and determination of such matters. For eligibility criteria and case management procedures, see the Notice to Profession - Fast Track Pilot - Motor Vehicle Accident Damages Proceedings.
Further information and resources
- Practice Note SC CL 3 Personal Injuries (Second revision)
- Practice Note SC GEN 6 Judicial Mediation Guidelines
- Practice Note SC GEN 7 Transcript (First Revision)
- Notice to the Profession - Fast Track Pilot - Motor Vehicle Accident Damages Proceedings
- User Groups Key Points Bulletin
Seminars & Speeches
- Personal injuries and dust diseases seminar - August 2015
- Applications in the Personal Injuries & Dust Diseases Lists - seminar April 2016
- Preparing for Mediation in Personal Injury Proceedings - seminar April 2017
- Expert Evidence in Personal Injury Proceedings - seminar May 2018
- Paperless trials and in-court technology - November 2018
Judgments and verdicts
Date of Judgment
Judgments and Judgment Summaries
|18 August 2017||Fafoutellis v The Blockage Bloke Pty Ltd & Ors  VSC 480|
|11 August 2017||Hand v Morris & Anor  VSC 437|
|20 July 2017||Pierides v Monash Health  VSC 426|
|24 May 2017||Ramadge v Northern Health & Ors  VSC 281|
|13 February 2017||Wearne v State of Victoria  VSC 25|
|24 January 2017||Salt v State of Victoria  VSC 6|
|21 December 2016||Mitchell v LaTrobe Regional Hospital  VSCA 342|
|20 December 2016||VWA v Downer Utilities Australia Pty Ltd  VSC 775|
|19 December 2016||Khodr v G4S Custodial Services Pty Ltd  VSC 800 (Costs Ruling)|
|6 December 2016||Di Paolo v Salta Constructions Pty Ltd (No. 2)  VSC 741|
|29 November 2016|
Date of Verdict
|18 October 2018||Gary Jones v Ballarat Health Services - S CI 2016 03331|
|27 May 2018||Vicki Hamilton v Phoebe Sampson - S CI 2017 01487|
|5 March 2018||Vasilios Pisimissi v V-Constructions Pty Ltd - S CI 2016 04695|
|15 February 2018||Rhys Lawrence Rech v Transport Accident Commission - S CI 2016 03973|
|5 October 2017||Barrie Justin Tooley v Rebecca Small - S CI 2016 03864|
|8 June 2017||Linton Murray Sayer v Melsteel Pty Ltd - S CI 2015 02049|
|6 June 2017||Shane Brown v Pencon Australia Pty Ltd - S CI 2015 05568|
|25 November 2016||Josef Boroje v Transport Accident Commission - S CI 2015 5742|
|22 November 2016|
Communications in relation to the Personal Injuries List should be directed to firstname.lastname@example.org@seirujni.lanosrep .