Communication with court

Question 1

Rules for communication with the Court?

Answer 1

Rule: r 53; Tugrul v Tarrants

Must not communicate with the Court concerning any matter of substance in opponent’s absence or without consent. (save for exceptions).

Question 2

What do you do if you communicate with the Court?

Answer 2

Permissible to communicate with court with consent of other party must not go beyond that (r55). Correspondence to court must advise court of reason for contacting with other party’s knowledge or consent, and always copy all parties: Tugrul v Tarrants.

If there is communication with the court not with other party present must tell other party what occurred (r 54)

Question 3

What do you do if reasonable grounds to believe application for adj of hearing?

Answer 3

Must inform opponent (and seek their consent to inform the Court) as soon as possible upon believing on reasonable grounds that client will make an application to adjourn any hearing: Rule 58.