The Civil Jurisdiction of the Supreme Court is established under the Supreme Court Act while the process is governed by the Supreme Court Rules. Essentially, the Supreme Court has jurisdiction over all civil matters but those matters where the claim is for an amount of $100,000 or less are usually dealt with in the Local Court.
All civil matters are case-managed by the Court. Many cases are case managed by the Master and Registrar of the Court and are settled without any Judge involvement at all. Case management reduces the costs involved and encourages parties in civil proceedings to sort matters out without the need for a trial.
Cases are divided into categories, depending upon complexity, the likely length of the trial and urgency. Long or complex trials are allocated to a particular Judge who deals with all interlocutory matters at direction hearings which occur at regular intervals, and usually that Judge also hears the trial. The object of case flow management is to give the members of the court greater control of the progress of cases to trial.
If a matter does proceed to trial, it would usually be heard by a Judge alone. The Judge will most normally wear black robes without a wig. There are provisions for juries to be empanelled for civil trials but that option is rarely exercised. Once a Judge hears a matter it will be adjourned for an indefinite period to enable a decision or ‘judgment’ to be written by the Judge.
- Form 5A Writ
- Form 5B Originating Motion
- Form 5C Originating Motion under Rule 45.05
- Form 5D Originating Motion (No Def)
- Form 8A Notice of Appearance
- Form 8B Notice of Conditional Appearance
- Form 11A Third Party Notice
- Form 11B Contribution Notice
- Form 19A Notice of a Constitutional Matter
- Form 29A List of Documents
- Form 29B Notice to Produce
- Form 35A Notice to Admit
- Form 35B Notice of Dispute
- Form 42A Subpoena
- Form 45A Summons on Originating Motion
- Form 46A Summons
- Form 48B Certificate of Readiness for Trial
- Form 68A Warrant of Seizure & Sale
- Form 68B Warrant of Possession
- Form 83A Notice of Appeal from Lower Courts
- Form 83B Appearance in an Appeal
- Form 83C Application for Leave to Appeal
- Form 84D - AP order
- Form 85A Application for Leave to Appeal to Court of Appeal
- Form 85B Notice of Appeal to Court of Appeal
- Form 85C Application for Extension of Time