District Court Rules 2014

Schedule 4 Time allocations

rr 14.3, 14.5, 19.22

General civil proceedingsAllocated days or part days
ABC
1Preparing statement of claim (receiving instructions, researching facts and law, and filing and serving that document)0.751.53.0
2Statement of defence by defendant (receiving instructions, researching facts and law, and preparing and serving that document)0.751.02.0
2ANotice of response by defendant (receiving instructions, researching facts and law, and preparing and serving that document) but only in respect of steps taken on or after 1 July 2014, under the District Courts Rules 20090.751.02.0
3Preparing and serving information capsule by plaintiff and defendant under rules 2.14 and 2.15 of the District Courts Rules 2009, but only in respect of steps taken on or after 1 July 2014 under those rules1.02.03.0
4Filing notice of proceeding, notice of response, and preparing, filing, and serving notice of pursuit of claim under the District Courts Rules 2009, but only in respect of steps taken on or after 1 July 20140.250.250.25
5Preparing, filing, and serving originating application1.02.04.0
6Preparing and serving notice of opposition1.01.53.0
7Other pleadings and notices:
7.1Counterclaim0.50.51.0
7.2Claims between defendants0.51.02.0
7.3Commencement of proceedings against third parties, including notice of claim0.751.53.0
7.3ANotice of claim against third party, but only in relation to steps taken on or after 1 July 2014 in relation to a claim under rule 2.19 of the District Courts Rules 20090.751.53.0
7.4Pleading in response to other party’s amended pleading (payable regardless of outcome except where formal or consented to)0.30.40.75
8Judicial settlement conference:
8.1Preparation for judicial settlement conference0.250.250.25
8.2Appearance at judicial settlement conferenceThe time occupied by the judicial settlement conference measured in quarter days
9Interlocutory proceedings and related steps:
9.1Notice to answer interrogatories0.31.02.0
9.2Answer to interrogatories0.31.02.0
9.3Notice to admit facts0.30.51.0
9.4Admission of facts0.30.51.0
9.5List of documents on discovery0.51.04.0
9.6Production of documents for inspection0.50.752.0
9.7Inspection of documents0.41.04.0
9.8Filing and serving memorandum in anticipation of judicial conference0.20.250.75
9.9Appearance at judicial conference0.30.30.3
9.10Preparing and filing interlocutory application (excluding summary judgment application) and supporting affidavits0.250.41.0
9.11Preparing and filing opposition to interlocutory application (excluding summary judgment application) and supporting affidavits0.250.41.0
9.12Preparing written submissions0.51.02.0
9.13Preparation of bundle for hearing0.250.41.0
9.14Appearance at hearing of defended interlocutory application (excluding summary judgment application) for sole or principal counselAppearance in court measured in quarter days
9.15Second and subsequent counsel if allowed by courtFifty percent of allowance for appearance for principal counsel
9.16Sealing order or judgment0.20.20.2
10Summary judgment application (additional to costs in items 1 to 5):
10.1Preparing and filing summary judgment application and supporting affidavits0.250.41.5
10.2Preparing and filing opposition and supporting affidavits0.250.41.5
10.3Preparing for hearing of defended summary judgment applicationThe time occupied by the hearing measured in quarter days
10.4Arguing defended summary judgment application for sole or principal counselAppearance in court measured in quarter days
10.5Second and subsequent counsel if allowed by courtFifty percent of allowance for appearance of principal counsel
11Obtaining judgment without appearance (additional to costs in items 1 to 7):
11.1By default/admission0.20.20.3
11.2By formal proof (including affidavit preparations)0.30.30.4
Short trial
12Preparation0.50.50.5
13Appearance at hearing1.01.51.5
Simplified trial
14Preparation1.01.252.5
15Appearance at hearingTwice the time occupied by the hearing measured in half days
Full trialABC
16Preparation for hearing following setting down or direction for trial if trial does not eventuate:
16.1Plaintiff’s preparation of affidavits or written or oral statements of evidence to be used at hearing1.252.253.5
16.2Plaintiff’s preparation of lists of issues and authorities, selecting documents for common bundle of documents, and all other preparation1.252.253.5
16.3Defendant’s preparation of affidavits or written or oral statements of evidence to be used at hearing1.02.03.0
16.4Defendant’s preparation of lists of issues and authorities, selecting documents for common bundle of documents, and all other preparation1.02.03.0
17Preparation:
17.1Where case proceeds to hearingTwice the time occupied by the hearing measured in half days
17.2Where case proceeds by formal proof1 day
18Appearance at hearing:
18.1For sole or principal counselAppearance in court measured in half days
18.2Second and subsequent counsel if allowed for by courtFifty percent of allowance for principal counsel
18.3Appearance for formal proofAppearance in court measured in quarter days
Enforcement and other stepsABC
19Enforcement of judgment or order:0.40.40.4
19.1Application for charging order0.40.40.4
19.2Completion of financial statement under section 84A of Act0.10.10.1
19.3Application for assessment of financial means under section 84C of Act0.10.10.1
19.4Application for financial assessment hearing0.10.10.1
19.5Each attendance at financial assessment hearing (if the judgment debtor attends)0.10.10.1
19.6Application for arrest warrant if debtor fails to appear at financial assessment hearing or contempt of enforcement proceedings hearing0.10.10.1
19.7Application for contempt of enforcement proceedings0.20.20.2
19.8Each attendance at contempt of enforcement proceedings hearing (if the judgment debtor attends)0.10.10.1
19.9Application for attachment order under section 84G(1)(c) of Act (excluding application to vary, discharge, or suspend attachment order and filing agreed attachment order in accordance with section 79(5C) of Act)0.10.10.1
19.10Application to vary, discharge, or suspend attachment order0.10.10.1
19.11Agreeing terms of attachment order and filing agreed attachment order in accordance with section 79(5C) of Act0.050.050.05
19.12Application for warrant of enforcement: recovery of chattels/seizure of property/recovery of land0.20.20.2
19.13Preparing and filing interlocutory application (excluding an application to vary, discharge, or suspend attachment order) and supporting affidavits0.250.41.0
19.14Application for warrant of committal0.20.20.2
19.15Application for writ of arrest0.20.20.2
19.16Garnishee proceedings0.40.40.4
19.17Third party claim proceedings (including service)0.40.40.4
19.18Other enforcement process0.40.40.4
20Other steps in the proceeding not specifically mentionedAs allowed by court
21Commencement of appeal (including assessing original decision, noting appealable points, and filing and serving notice of appeal and points of appeal)0.20.52.0
22Commencement of response to appeal0.20.20.5
23Case management (as for ordinary proceeding)0.10.20.4
24Preparing of case on appeal0.50.51.0
24APreparation of written submissions0.51.53.0
25Appearance at hearing as principal counselThe time occupied by the hearing measured in quarter days
26Second and subsequent counsel, if allowed by courtFifty percent of allowance for appearance by principal counsel

Note

Because of the requirements imposed by clause 17(2)(b) of Schedule 1 (which relate to transitional arrangements), items are included in this schedule for time allocations for certain steps taken under the District Courts Rules 2009 on and after 1 July 2014.

Schedule 4 item 1: replaced, on 1 September 2017, by rule 16(1) of the District Court Amendment Rules 2017 (LI 2017/187).

Schedule 4 item 2: replaced, on 1 September 2017, by rule 16(1) of the District Court Amendment Rules 2017 (LI 2017/187).

Schedule 4 item 2A: inserted, on 1 September 2017, by rule 16(1) of the District Court Amendment Rules 2017 (LI 2017/187).

Schedule 4 item 3: replaced, on 1 September 2017, by rule 16(1) of the District Court Amendment Rules 2017 (LI 2017/187).

Schedule 4 item 4: replaced, on 1 September 2017, by rule 16(1) of the District Court Amendment Rules 2017 (LI 2017/187).

Schedule 4 item 7.3A: inserted, on 1 September 2017, by rule 16(2) of the District Court Amendment Rules 2017 (LI 2017/187).

Schedule 4 item 24A: replaced, on 1 July 2015, by rule 11 of the District Courts Amendment Rules 2015 (LI 2015/103).

Schedule 4 note: inserted, on 1 September 2017, by rule 16(3) of the District Court Amendment Rules 2017 (LI 2017/187).