Practice Directions, Guides and Guidelines

Practice Directions

Listing and Adjournment Practice Direction

This practice direction sets out the policy and procedures of the Tribunal relating to fixing matters for hearing and to applications for adjournments of hearings. The practice direction applies to all applications lodged in the Tribunal throughout Australia whether or not the applicant is represented.

The Tribunal has a responsibility to manage cases so that they are brought to a conclusion at the earliest reasonable opportunity. Bearing in mind this objective, as well as the Tribunal's obligation to give parties a reasonable opportunity to present their case, the following policy will be applied by the Tribunal:

1. Cases will not be fixed for hearing unless the Tribunal is satisfied that they are ready for hearing or a fixed timetable or other arrangements are in place to ensure that each matter will be ready before the hearing date.

2. Parties must ascertain and communicate to the Tribunal their availability and the availability of witnesses and representatives, including counsel, before a hearing date is fixed. If parties do not provide this information within the time specified by the Tribunal, the matter may be fixed for hearing without further consultation.

3. Matters are fixed for hearing on the basis that the hearing will proceed on the day fixed.

4. An application for an adjournment will not be granted unless there are good reasons to justify the adjournment.

5. Unavailability of counsel is not generally a sufficient reason for an adjournment to be granted.

6. The consent of the other party to an adjournment is not of itself a sufficient reason for an adjournment to be granted.

7. An application for an adjournment must be made at the earliest possible opportunity. Application is to be made in writing addressed to the District Registrar. The application must set out the reasons why an adjournment is necessary and be signed by the person or representative seeking the adjournment. The application must be accompanied by any documents that support the reasons for seeking an adjournment.

8. An application for an adjournment will be referred to the Presiding Member or Listing Coordinator for consideration. The Member will ordinarily consider the application in a hearing at which both parties or their representatives should attend in person or by telephone as required by the Tribunal.

9. An application for an adjournment made less than ten working days prior to the hearing date will not be granted unless there are particular and compelling reasons for the matter to be adjourned. Applications made the day of a hearing, even when advance notice has been given, will not be granted unless there are exceptional reasons.

10. Where an adjournment is granted, the matter will not usually be adjourned generally but will be re-listed as soon as possible. Unless directed otherwise at the hearing of the adjournment application, parties must ascertain and communicate their availability and the availability of witnesses and representatives, including counsel, within two working days of the adjournment being granted. Adjourned matters will be given priority by the District Registrar. A new date for hearing will be given by the Registry within two working days of receiving the information from the parties.

11. Where the Tribunal has jurisdiction to make costs orders, the Tribunal may take into account any adjournments, the identity of the party seeking the adjournment and the reasons, in relation to any final decision as to costs.

This practice direction has effect from 1 May 2005.

Justice Garry Downes
President
19 April 2005