LAWS4001 Lecture Notes - Lecture 1: Supreme Court Act, Interrogatories, Joinder
Week 1
Case Management
Directions hearing/hearing of interlocutory applications
The Court will direct that a timetable applies for the filing and service of evidence
and the completion of other interlocutory steps. The Court makes these orders at a
directions hearing
The Court now controls the proceedings to the extent that it determines when things
happen by means of putting in place an interlocutory timetable
Interlocutory application: before the final judgment: decisions made by the court
about the process – deals with procedural justice (e.g. leave to amend)
The court also manages the proceedings when parties come before it with an
application made by either party
Applications for interlocutory orders are made by notices of motion
oA notice of motion sets out the orders (relief) that the party filing the motion
seeks. The filing of the notice brings the matter back before a judge who can
make a ruling on the application made in the notice
oThe notice of motion will typically be supported by evidence in the form of
affidavits from persons with the relevant knowledge. The judicial officer
hearing the notice of motion will make a decision (an interlocutory decision) on
the application
Civil Litigation ‘roadmap:’
When a defendant or a cross-defendant is served with a statement of claim or a
cross-claim, the first thing they do is file a notice of appearance. This provides an
address for service for the defendant/cross-defendant.
A defendant has the opportunity to respond by filing a defence. As we shall see, that
document must set out the defendant’s response to all the allegations made by the
plaintiff in the statement of claim.
Before filing the defence, the defendant can ask the plaintiff questions to tease out the
allegations – this is a request for particulars. Particulars of a claim are sought and
provided by correspondence between the parties.
The statement of claim, the defence, the reply and any cross-claims, constitute the
pleadings. Particulars give further specificity to (or tease out) the allegations that are
made in the pleadings but they are not pleadings.
The plaintiff can then reply to any allegations made in the defence if it wishes to do
so.
If the defendant wishes to claim a set-off against the plaintiff or if the defendant
wishes to claim indemnity or contribution on some basis against another person, he or
she does this by way of a cross-claim. If a party files a cross-claim, the parties
identified as cross- defendants in the cross-claim must file defences to the cross-claim
and the cross-claimant can, if required, file a reply
Evidence is disclosed and sought
Affidavits or statements – parties are often required to provide other parties to the
litigation with affidavits (statements sworn or affirmed by the deponent) or statements
setting out the evidence in chief they will give at the hearing
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Subpoenas – orders issued by the Court at the request of a party which require some
person to attend court and give evidence or to produce documents to the court
Discovery/notices to produce – these are procedures for obtaining documents from
other parties to the proceedings
Interrogatories – these are questions administered on other parties that must be
answered on oath. The party administering the interrogatories is seeking admissions
from the party to whom they are addressed
Notices to admit facts and authenticity of documents.
Standing
Standing in civil proceedings refers to the right of a plaintiff to be considered an
appropriate party to initiate a particular proceeding
Issues of standing do not arise in every legal proceeding i.e. private law cases. It
maybe an issue confined to legal proceedings that have a public element, such as
proceedings to enforce public rights or duties arising under legislation, constitutional
validity of legislation or proceedings for the review of decisions of inferior courts and
administrators
Limitation periods
The ability of courts to do justice between the parties decreases with time
‘[W]here there is delay the whole quality of justice deteriorates’ (R v Lawence)
There is also a recognition that people need to be able to get on with their lives.
Joining parties and causes of action
“The common law favors the resolution of particular disputes between parties by the
bringing of a single action rather than successive proceedings” (Dow Jones)
Evolved so as to stop parties from raising old issues anew
Res judicata meaning “a matter already judged” and sometimes referred to as “cause
of action estoppel” precludes a resolved cause of action as a whole from being re-
litigated
Issue estoppel may preclude a particular issue or matter in previous proceedings from
being raised in any subsequent proceedings
Joining defendants
Different defendants can be joined in the same proceedings if the claim to relief
against each defendant arises out of the same transaction (or series of transactions)
and the causes of action give rise to a common question of law or fact
If these conditions are not fulfilled, the court can grant leave to different defendants
to be joined (UCPR r 6.19)
Same as above for plaintiffs
Rules ensure that all parties jointly entitled or liable are parties to single proceedings
where the entitlement or liability is litigated
If the successful defendant (defends his claim) and has been joined by the plaintiff
unnecessarily it is likely that the plaintiff would be ordered to pay their costs
Issue Estoppel
-Prevent a party to a proceeding raising, in a new proceeding against a party to the
original proceeding, a cause of action or issue that was finally decided in the original
proceedings
Docket System
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