Going to the pre-trial review
The case will be listed for a pre-trial review after you file your defence. The court will send you a notice of the date and time that you will need to attend court. Pre-trial reviews are dealt with remotely in the Small Claims Division unless the Court has granted leave for the parties to appear in person. To find out what happens at a pre-trial review, follow the steps in the guide on this page.
Going to the pre-trial review - Step by step guide
Step 1: Attend the pre-trial review
If you are attending remotely, be prepared to receive a phone call from the court. Find a quiet room and make sure that you are not distracted or interrupted by others.
If you don't receive a call, you should call the registry directly.
If the Local Court has granted leave and directed the parties to appear in person, you should arrive at court at least 30 minutes before your pre-trial review. This gives you enough time to find the courtroom that your case is in. If you are running late you should ring the court registry and let them know. The court may strike out (cancel) your defence if you don't attend at the time the case is listed.
You can find your courtroom by looking at the court list. The court list will be stuck on the wall or a noticeboard in the waiting area. If it is a large court there may be lists for many different kinds of cases. Look for the list called 'Civil List'.
Make a note of the number of your case in the list and check which courtroom your case is in. If you can't find your case on the list ask a court officer or go to the court registry.
You should sit in the seats at the back of the courtroom and wait until your name is called. When your case is called you should go and sit at the table at the front of the courtroom. This is called the bar table. Remember to turn off your mobile phone if you are at court.
For information about how to find your courtroom, you should watch the video below.
You can also read a
transcript
of this video (48kb).
This video is available with the
audio description.
The registrar may adjourn (close) the courtroom for morning tea, usually around 11:30am and for lunch, usually from 1:00pm to 2:00pm. You have to leave the courtroom during these breaks.
Step 2: Discuss settlement
One aim of the pre-trial review is to try to settle the dispute.
Usually a judicial officer called a registrar hears pre-trial reviews but in some courts a magistrate or assessor may be dealing with the pre-trial review. When talking to the judicial officer you call the registrar 'Registrar'. Magistrates are called 'Your Honour' and assessors can be called 'Sir', 'Madam' or 'Assessor'.
The registrar will ask if you have had a chance to discuss settlement with the plaintiff. 'Settling' a case means resolving it by agreement. The registrar may also ask some questions about the case and may suggest that you and the plaintiff (or their lawyer) talk about settling the case if you have not already done so.
You may be referred to
Community Justice Centres (CJC) for mediation. For more information on mediation, see the
Mediation topic in the Representing Yourself section of this website.
If you are able to settle the case, either at the pre-trial review or at a mediation session or through private discussions, the Court can make orders based on your settlement agreement. For more information, see
Settling the case.
Step 3: Note any case management orders
Another aim of the pre-trial review is to make sure that you are prepared for the hearing. The registrar will make case management orders.
The registrar may:
-
ask what the issues are
-
ask which witness statements and documents you will use at the hearing
-
set a date for the hearing (this could be between one and four months ahead)
-
tell you to send copies of all witness statements and other evidence that you will be relying on at the hearing to the plaintiff and to the court at least 14 days before the hearing date.
If you want to rely on video footage, you should ask the Court if they have the equipment to play the footage and in what form you should file the footage, for example a flash drive.
If you want to issue a subpoena you should ask the registrar for leave (permission) at the pre-trial review. For more information, see
Subpoenas.
If you want to attend the hearing in person, you will need to seek leave at least five days before the hearing date. You will need to email the registry and explain your reasons.
If you want to change your defence, you should ask the registrar for leave (permission) at the pre-trial review. For more information, see
Changing your defence.
You may have to write the above information on a pre-trial review sheet and give it to the registrar. Usually the registrar will fill in the pre-trial review sheet if you do not have a lawyer.
Instructions: Instructions for filling out a pre-trial review sheet
Samples:
You should write down on a separate piece of paper the information written on the pre-trial review sheet and keep it for your own records. It is very important that you follow the orders made by the registrar.
For information on what to expect at the pre-trial review, you should watch the video below.
You can also read a
transcriptof this video (57kb).
This video is available with the
audio description.