A directions hearing produces a hearing date. The status conference, a week before the sittings, tests whether the parties have earned it. It is the last point at which an unprepared appeal can be pulled from the list without wasting a bench.
The rule
(1) A Status Conference shall be held on the Monday of the week prior to the Court sittings. (2) At the Status Conference, the Duty Judge shall review each matter on the draft Hearing List and may issue further directions as may be necessary to make the proceedings ready for hearing, or may confirm that the matter is ready by checking: (a) compliance with directions issued at the Directions Hearing; (b) the correctness of the Book; (c) refer to summary determination matters which fail to comply with directions or with the procedures prescribed by the relevant rule or statute; (d) the length of hearing time; (e) that written submissions have been prepared and filed; (f) that the parties have prepared extracts of submissions in accordance with Order 11 Rule 18; (g) the date or dates for the hearing. (3) After hearing the parties, the Duty Judge may confirm the hearing date, or adjourn the Status Conference to enable the parties to comply, or may refer the matter for summary determination.
What is recorded
Rule 11 requires the Duty Judge’s Associate to record a summary of the conference in Form 10B and place it on the file. The form is a checklist of orders: whether the parties have complied with the directions issued under Rule 10; whether the appeal book is correct; the parties’ estimate of hearing time; whether written submissions have been filed or the date by which they will be; a note that extracts of submission not exceeding four pages will be handed up; and the hearing date. The alternative entry on the form is blunt: “The matter is referred to the Registrar to institute the procedure for Summary Disposal.” Form 10B is on the Supreme Court Forms page.
From draft list to Hearing List
(1) There shall be a draft Hearing List and a Hearing List. The draft contains the matters listed for hearing at the Directions Hearing; the Hearing List contains the matters with hearing dates confirmed at the Status Conference. (2) Within 2 days of the Status Conference the Registrar shall prepare the Hearing List and issue it to all parties. The Hearing List is not subject to alteration except by the Chief Justice or the Court before which the matter is listed. (3) The hearing shall proceed on the date and time fixed. (4) If a matter is not heard at the appointed time it must not be adjourned generally; it must be fixed to the next sittings, the next call over or the next Directions Hearing.
The significance of Rule 12(2) is that once the Hearing List issues, the Duty Judge is no longer the person to approach. An adjournment of a listed hearing needs the bench before which it is listed, by written application on affidavit filed and served three clear days before the date, under Rule 13(3) to (5). See adjourning a Supreme Court appeal.
What happens if you are not ready
| Situation | Likely outcome | Rule |
|---|---|---|
| Submissions not yet filed but imminent | Direction fixing a date; hearing confirmed | r 10(2)(e), Form 10B item 4 |
| Appeal book defective | Direction to correct; conference adjourned to a fixed date | r 10(2)(b), (3) |
| Directions from the directions hearing ignored | Referral to summary determination | r 10(2)(c), (3) |
| Appellant absent, no explanation | Referral to summary determination; or the Court may deal with it summarily at the hearing | rr 10(3), 12(5) |
| Respondent absent | Hearing confirmed; respondent proceeds at its own risk | r 10(3) |
Rule 12(6) adds a party’s remedy: an application to summarily dismiss for failure to comply with directions may be heard at the hearing itself, provided it is in writing, supported by affidavit, and served one clear working day before. See summary determination.
The four-page extract
Form 10B item 5 records that each party will have an extract of submissions not exceeding four pages to hand up at the hearing. This is the document under Order 11 Rule 18, distinct from the full written submissions under Order 11 Rule 12, and it is the one the Judges read first. Arriving at the status conference without it, or without a date for it, is a mark against readiness. See the extract of argument and written submissions.
In practice
The Duty Judge will usually take the draft Hearing List in order and ask each matter three questions: are the directions complied with, is the book right, and how long. A lawyer who answers all three from the file, and hands up a filed copy of the submissions, will be through in a minute. A lawyer who asks for “a further two weeks” will be asked why the directions hearing timetable was not met, and may find the matter referred under Rule 10(2)(c). Rule 13(1) applies here as at the directions hearing: no general adjournments, even by consent.
The whole Order 13 sequence, from filing to hearing, is set out in what the Supreme Court Listings Rules are; the directions hearing that precedes the status conference is in what a directions hearing is.
Sources
- Supreme Court Rules 2012 — O 13 rr 10–13; O 11 rr 12, 18; Form 10B
Before relying on anything here, read the current text of the Supreme Court Rules 2012 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.