Lists
General Division of the commercial list
The judge in charge of the general division and the commercial list is judge Anderson. When he is not available, judge Kennedy assumes this role. His honour allocates hearing dates and allocates some applications for hearing before other Judges. See the
Practice note for the general list
Specialist Lists within the court
The Court also assigns its business to a number of specialist lists. See annexure 1: order 34A.
Proceedings in the lists are the subject of practice notes, dealt with below.
Building cases division
Building and engineering disputes are allocated to the building cases division.
The practice note for the construction listThe judge in charge of the building cases division is judge Shelton, who has authorised a practice note for the division: PNC1 1-2009.
Damages list and compensation list
This list is divided into six sub-divisions:
- The general division
- The defamation division
- The medical division
- The applications division
- The workcover division, and
- The serious injury division.
This list is managed by judge Davis. Her onour has published a new Practice Note which supersedes the previous ones: see PNC1 2-2009
Directions hearings
The following judges conduct the directions hearings in the lists named:
Medical: judge Lawson who has authorised a practice note for the division: PNC1 3-2009
Workcover: judge Bowman s
ee practice note PNCI 5-2008.
Damages for Melbourne (and any other lists): judge Davis
Applications: judge Holt
Defamation list
Defamation is a highly specialised area of law. Unless you can engage in a meaningful discussion as to how many angels can dance on the head of a pin (as a defamation practitioner can) you are unlikely to be in a position to run such a matter without counsel’s assistance.
The defamation list practice noteThe role of the court is expressed in
Rule 1.14, which says:
“In exercising any power under these rules, the court - shall endeavour to ensure that all questions in the proceeding are effectively, completely, promptly and economically determined’
This ethos is sought to be implemented at all stages of proceedings and may, for example, result in early orders for mediation, truncation of directions to prepare matters for hearing, including dispensing with pleadings, or the dispensation with compliance with particular rules in certain circumstances.
See also
r. 2.04, which gives the court discretion to dispense with compliance with the rules, and
r. 34.01, which empowers it to give any direction as contemplated in r.1.14 for the conduct of any proceeding which appear convenient (whether or not inconsistent with the rules or any other rules of court) it thinks conducive to the effective, complete, prompt and economical determination of the proceeding.
