Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) A listing
conference must be held before a registrar unless a registrar or a judge has
ordered otherwise.
(2) A listing
conference must be attended by the lawyers who will appear at trial for the
parties unless subrule (3) applies.
(3) The lawyer who
will appear at trial for a party need not attend a listing conference if his
or her instructing lawyer attends and tenders the other’s certificate as
to —
(a) the
estimated length of the trial; and
(b) the
number of witnesses that the party intends to call; and
(c)
whether there are any special circumstances affecting the date or time when
any particular witness can be called; and
(d)
whether any particular witness will be attending from a long distance or from
outside the State; and
(e)
whether an interpreter will be needed; and
(f)
whether an audio link or a video link will be needed; and
(g)
whether the use of any technology would allow the trial to be conducted more
efficiently, economically or expeditiously; and
(h)
whether there is any matter known to the lawyer that is likely to interfere
with the trial being conducted efficiently, economically and expeditiously;
and
(i)
the fact that the parties have made reasonable efforts to
reach agreement on —
(i)
facts that are not the subject of real controversy; and
(ii)
the tender of experts’ reports (if any) without the
need for the experts to be called.
(3a) The lawyer who
will appear at trial for a party must certify that he or she has reviewed
the pleadings and is satisfied that they adequately define all the issues of
fact or law that the party contends will need to be determined at trial, and
the document containing this certification must be tendered at the listing
conference.
(4) At a listing
conference the presiding officer must list the case for trial only if any
order or direction previously made has been complied with or, if not, if
appropriate orders in default have been made.
(5) At a listing
conference the presiding officer may make orders as to costs including, if a
case is settled, orders as to costs reserved and the costs of interrogatories.
(6) The presiding
officer may adjourn a listing conference from time to time.
[Rule 43 amended in Gazette
31 Jul 2007 p. 3812.]
[Heading inserted in Gazette 31 Jul 2007
p. 3812.]