Supreme Court changes in response to COVID-19

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.

See the changes in relation to the case management processes and procedures for this List.

Practice Note SC CL 3 (Second revision) 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 (Second revision).

If the primary cause of action against the defendant is an intentional tort, the proceeding should be initiated in the Major Torts List (see Practice Note SC CL 4 (First revision)).

Aside from 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 (Second revision)).

Judge in charge

The Honourable Justice Incerti

Associate judge

The Honourable Associate Justice Ierodiaconou

Judicial registrar

Judicial Registrar Clayton

Self-represented litigants will find useful information about the Court's processes in the Representing Yourself pages.

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 (Second revision).

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.

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.

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 (First revision).

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.

Judgments

Date of judgment

Judgments and judgment summaries

9 July 2020 Tomasevic v State of Victoria [2020] VSC 415
19 June 2020 Braam v BBC Hardware Ltd [2020] VSCA 164
10 June 2020 Vlaming v von Marburg [2020] VSC 340
4 June 2020 Schembri v State of Victoria (Department of Human Services Victoria) (ABN 93 785 850 801) [2020] VSCA 145
20 February 2020

Baehnisch v G4S Australia Pty Limited & Anor (Ruling No 1) [2020] VSC 64

Application to dispense with a jury. Relevant principles examined and order made for trial by judge alone. No one particular issue gave rise to ‘special reason’ or ‘good cause’ but rather the totality of the circumstances.

20 February 2020

Keegan v Auscool Airconditioning & Mechanical Services Pty Ltd (Ruling No 1) [2020] VSC 61

Unsuccessful late application by Plaintiff to vacate trial on grounds case not properly prepared. Relevant principles considered including limits on a party ’s ability to reformulate a claim during a proceeding.

17 December 2019 Boxell & Ors v Peninsula Health [2019] VSC 830
14 November 2019 Anedda v Horsey [2019] VSC 729
25 October 2019 State of Victoria v Thompson [2019] VSCA 237
15 October 2019 Di Falco v Emirates (No 2) [2019] VSC 654
22 May 2019 Taseska v Carus & Anor [2019] VSC 342
20 May 2019 Bucic v Arnej Pty Ltd [2019] VSC 330
18 August 2017 Fafoutellis v The Blockage Bloke Pty Ltd & Ors [2017] VSC 480
11 August 2017 Hand v Morris & Anor [2017] VSC 437
20 July 2017 Pierides v Monash Health [2017] VSC 426
24 May 2017 Ramadge v Northern Health & Ors [2017] VSC 281
13 February 2017 Wearne v State of Victoria [2017] VSC 25
24 January 2017 Salt v State of Victoria [2017] VSC 6
21 December 2016 Mitchell v LaTrobe Regional Hospital [2016] VSCA 342
20 December 2016 VWA v Downer Utilities Australia Pty Ltd [2016] VSC 775
19 December 2016 Khodr v G4S Custodial Services Pty Ltd [2016] VSC 800 (Costs Ruling)
6 December 2016 Di Paolo v Salta Constructions Pty Ltd (No. 2) [2016] VSC 741
29 November 2016

Kalos v Goodyear & Dunlop Tyres (Aust) Pty Ltd & Anor [2016] VSCA 715

 

Verdict summaries

Date of verdict

Summary

5 March 2020 Donato Campanile v State of Victoria - S ECI 2018 02293
12 February 2020 Leonard Wigney v Superior Paving (Aus) Pty Ltd - S CI 2017 04047
13 September 2019 Jodie-Anne Gardam v State of Victoria - S CI 2018 00972
13 June 2019 Tyron Micheli (by his Litigation Guardian Jane Micheli) v Tony Khoushaba - S CI 2018 01398
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

Saleh Khodr v G4S Custodial Services Pty Ltd - S CI 2014 6182

General enquiries in relation to the Personal Injuries List should be directed to  crefbany.vawhevrf@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@seirujni.lanosrep   or 8600 2046.

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.