sounds like a fancy name for a directions hearing - new list has been created called the Commercial and Managed Cases List “CMC List”.
The general objective of the new List will be to bring cases to the point where they can be resolved by mediation or tried in the quickest, most cost effective way with the need to provide a just outcome. The principle of proportionality will be applied, and in due course the Rules of Courts amended to make proportionality the principle which governs all rules and procedures of the Court. That principle may be generally expressed in terms of requiring the Court to deal with cases, so far as practicable, in ways which are proportionate:
with the overriding obligation of the Court to deal justly with its cases.
- to the importance of the issues involved;
- to the value of the subject matter involved;
- to the complexity of the issues; and
- to the financial position of each party;
Mediation by a Mediation Registrar will be a holistic part of the process, and, in general, no case will be listed for trial without the meditation process having first been exhausted.
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