In the Supreme Court of Victoria at Melbourne

IN THE SUPREME COURT OF VICTORIA AT MELBOURNE

Commercial and Equity Division

S CI enter proceeding number

BETWEEN:

enter Plaintiff name / Plaintiff
- and -
enter Defendant name / Defendant

ORDER

ASSOCIATE JUDGE: / The Honourable Associate Justice insert name
DATE MADE: / leave blank
ORIGINATING PROCESS: / enter any applicable details.
HOW OBTAINED: / enter any applicable details.
ATTENDANCE: / enter any applicable details.
OTHER MATTERS: / enter any applicable details.

THE COURT ORDERS by consent THAT:

1. Subject to the Plaintiff filing a notice of trial by enter date, this proceeding is listed for hearing on leave blank on an estimated duration of enter estimate days.

1. On or before enter date the solicitor for the Plaintiff shall serve on each other party and file for the use of the Judge an agreed court book of documents containing:

(a)  an index of the court book;

(b)  the current pleadings and particulars;

(c)  one copy only of each of the proposed exhibits arranged in chronological order the book being paginated sequentially from and including its index.

1. The Plaintiff’s solicitor shall have available at the hearing a copy of the court book of documents for the exclusive use of witnesses during their examination.

1. On or before enter date the Plaintiff’s solicitor shall serve on the solicitors for each other party a list of documents that the Plaintiff intends to tender in evidence.

1. On or before enter date each solicitor for each other party shall serve on the solicitor for the Plaintiff a list of the documents other than those specified in the list referred to in the preceding paragraph of this order which those other parties intend to tender in evidence.

1. On or before enter date the Plaintiff shall serve on the Defendants a draft index for the proposed court book. The Defendants shall send a list of documents to be included or documents to be excluded from the proposed court book and all parties shall consult as to and agree upon the contents of the court book.

1. The Plaintiff by enter date serve on the Defendants and file for the use of the Judge a copy of the court book. The Plaintiff shall also provide the Judge with the index to the court book in electronic form.

1. On or before enter date, each party shall file and exchange any outline of evidence in reply to the other party’s outline of evidence.

1. On or before enter date each party shall file and exchange with each other party an outline of all the oral evidence which that party intends to adduce at trial which state:

(a)  the name, address and occupation of each witness which that party intends to call at trial; and

(b)  the substance of the evidence which that party expects each of those witnesses to give.

1. On or before enter date each party shall file and exchange with each other party an outline of argument:

(a)  which concisely summarises that parties submissions in relation to each of the issues in the proceeding;

(b)  which cites the main authorities upon which that party will rely; and

(c)  which save, with the prior leave of a Judge or Associate Judge, does not exceed 10 pages of double spaced A4 paper.

1. One month prior to the trial date the Court will send parties a “Callover Form”. Subject to all parties in this proceeding completing and returning the “Callover Form” within 48 hours of receipt, the hearing date in paragraph 1 is confirmed. Failure to complete and return the “Callover Form” by all parties may result in the Court vacating the hearing date.

1. Costs are reserved.

1. There is liberty to apply.

DATE AUTHENTICATED:
PROTHONOTARY