Part 4 – Practice Directions and Guides

Who may issue practice directions

4.1

Practice directions may be issued only by the Chief Justice.

Scope of practice directions

4.2

1. A practice direction may be issued in any case where provision for such a direction is made by these Rules.
2. Where there is no express provision in these Rules for such a direction, the Chief Justice may give directions as to the practice and procedure to be followed in the Supreme Court.

Publication of practice directions

4.3

Practice directions and guides must forthwith be –

1. published in the Official Gazette for each Member State and Territory; and
2. displayed and made available at each court office.

Compliance with practice directions

4.4

1. A party must comply with any relevant practice direction unless there are good reasons for not doing so.
2. The court may make an order under Part 26 (case management – the court’s powers) or Part 64 (costs – general) against a party who fails to comply with a practice direction.

 Practice guides

4.5

1.  The Chief Justice may issue practice guides to assist parties in the conduct of litigation.
2. Parties must have regard to any relevant practice guide.
3. The court may take into account the failure of any party to comply with any practice guide when deciding whether or not to make an order under Part 26 (case management – the court’s powers) or Part 64 (costs – general).

Date from which practice directions and guides take effect

4.6

A practice direction or guide takes effect from the date specified in the direction or guide.