The Dust Diseases List manages all proceedings in which a plaintiff alleges that he or she is suffering from a dust related condition. Practice Note SC CL 2 Dust Diseases List (First revision) provides a more precise definition and examples of dust diseases.
Note that, notwithstanding Practice Note SC CL 1 Civil Circuit List (First 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 will be fixed for trial in the relevant Circuit.
Judges in Charge
The Honourable Justice Zammit
The Honourable Justice Keogh
Associate Judge in Charge
The Honourable Associate Justice Ierodiaconnou
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: 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 List at a frst 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 Request For Orders First Directions form.
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.
Parties seeking an urgent directions hearing at any stage of a proceeding should contact email@example.com in the first instance.
Parties seeking to arrange an Examination De Bene Esse should contact the Judicial Services Manager on 03 9603 7151.
Save for contribution only claims, proceedings will generally be listed for a pre-trial conference conducted by a deputy prothonotary (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.
Further information and resources
The Court publishes a Pre-Trial Conference Calendar at approximately 9.30am each weekday 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 the PTC inbox (firstname.lastname@example.org ), 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.
- Practice Note SC CL 2 Dust Diseases List (First revision)
- Practice Note SC GEN 13 Examinations De Bene Esse
- Practice Note SC GEN 7 Transcript (First revision)
- User Groups Key Points Bulletins
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 - April 2017
- The Lost Art of Preparation for & Advocacy in Jury Trials - October 2017
- Expert Evidence in Personal Injury Proceedings - May 2018
Judgments and verdicts
Communications in relation to the Dust Diseases List should generally be directed to email@example.com . Enquiries concerning pre-trial conferences should be directed to firstname.lastname@example.org