Proceedings in relation to rights over real property are suitable for initiation in the Property List of the Common Law Division, including proceedings for summary possession or sale under the Rules and proceedings arising under the Property Law Act 1958, the Transfer of Land Act 1958 and the Sale of Land Act 1962. However, commercial proceedings involving property transactions will continue to be initiated in the Commercial Court.
In particular, mortgage default proceedings will continue to be initiated in the Commercial Court and administratively managed by Principal Registry. Practice Note SC CL 13 Property List provides more detailed information on the types of proceedings suitable for inclusion in the list.
Judicial officers in charge
Judge in Charge:The Hon. Justice Garde
Associate Judge in Charge: The Hon. Associate Justice Derham
Judicial Registrar: Judicial Registrar Matthews
Management of cases
Proceedings in the Property List are typically managed by associate judges or a judicial registrar sitting in the Associate Judges' Practice Court (Court 2). A significant proportion of these matters fall within the jurisdiction of associate judges for final determination (for example, summary possession and the modification of restrictive covenants).
Associate judges and the judicial registrar also undertake the pre-trial management of proceedings. In line with the practice in other Common Law Division lists, the Practice Note provides for a final directions hearing before the Judge in Charge in matters that are to be tried by a judge in the Trial Division.
Urgent applications not falling within the jurisdiction of an associate judge, such as caveat removals, will typically be heard in the Practice Court.
Practice Note SC CL 13 Property List provides information on how to obtain a hearing time for applications as well as further guidance on management of proceedings in the List.
Applications to discharge or modify a restrictive covenant
- A Guide to Practitioners: Applications for the Modification or Discharge of Restrictive Covenants has been developed by the Associate Judges of the Court to provide practical assistance to litigants making applications under s 84 of the Property Law Act 1958 and should be read in conjunction with the Practice Note above.
- Information for Objectors provides basic information for potential objectors to applications for the modification or discharge of a restrictive covenant.
Seminars and speeches
- Keynote address at 2018 LIV Property Law Conference (Associate Justice Derham)
- Paperless trials and in-court technology seminar - November 2018
General enquiries may be made to Principal Registry on 9603 9300.
Contact details for the chambers of judicial officers in the List may be found at judicial contacts.