This book is only available in PDF format

Published: 10 November, 2008
Pages: 56

Introduction

New District Court Rules are timetabled to come into force on 1 November 2009. Summary Judgment will largely disappear. The first call for all but the most simple of civil cases in the District Court will be a Judicial Settlement Conference.

At present, far more cases are concluded in Judicial Settlement Conferences than are heard and determined by a Judge in the District Court. When the new rules come into force, approximately 70% of District Court civil cases are expected to reach a conclusion at or before the allocated Judicial Settlement Conference. There will be restrictions on time to conduct those cases which continue to a hearing. Witness actions will inevitably decline.

From 1 November 2009 the essential skill set for civil litigation practitioners will necessarily include the skills required to successfully conduct Judicial Settlement Conferences. In the meantime, a high percentage of cases in both the District Court and the High Court are dealt with by means of Judicial Settlement Conferences. Skilful counsel offer their fortunate clients many advantages in any forum, and the Judicial Settlement Conference is no exception to that rule.

This booklet is intended to assist with the identification of the requisite skills, and to illustrate the parameters within which skilful counsel can influence outcomes. It is also intended to offer a penetrating multi-faceted approach - or 360° perspective - of the dynamics of Judicial Settlement Conference process as it currently operating in both the District Court and the High Court.

Judge TR Ingram

Authors

Author(s): Associate Judge John Faire, Judge Tom Ingram, Helen Rice