Preparing for Trial, Trial and Appealing Judgments

Question 1

What is a trial called in small claims?

Answer 1

Final hearing

Question 2

In small claims, how much notice for a final hearing

Answer 2

21 days

Question 3

A party who is unable to attend a final hearing/trial can-

Answer 3

Apply for an adjournment but must have good reason as overriding objective

Question 4

In small claims track, an alternative to attending a hearing is-

Answer 4

For a party to file a written notice that they will not be attending and request the claim be decided in their absence (7 days before the date)

Question 5

Time limit for applications to set aside judgment in small claims

Answer 5

14 days after judgment given

Question 6

Application to set aside judgment in small claims successful if-

Answer 6

Good reason for non-attendance and reasonable prospect of success at the hearing

Question 7

Action to take on receipt of the trial date

Answer 7

Issue witness summons, contact counsel, liaise with client

Question 8

Steps to take in preparation for trial

Answer 8

Get evidence in order, contact witnesses, consider ADR, review funding cover, update documentation, review costs

Question 9

When are PTCs filled out in FT?

Answer 9

8 weeks before trial

Question 10

List of issues

Answer 10

Filed by each party, highlights the main issues in dispute between the parties and the propositions of law to be made, a list of authorities to be cited and a chronology of events

Question 11

Deadline to file SOCs in FT

Answer 11

2 days before trial

Question 12

A witness may be cross-examined by the opponent’s counsel on-

Answer 12

Any matter relevant to the issues in the case or to credibility

Question 13

Who does the closing speech first?

Answer 13

Defendant’s counsel

Question 14

What day does the judgment take effect on?

Answer 14

The day it is given

Question 15

Applications immediately after judgment is given

Answer 15

Interest, costs, time to pay, permission to appeal, stay of execution

Question 16

What happens at a pre-trial review?

Answer 16

The court will heck the parties have complied with earlier orders and directions and this may promote settlement, as well as a trial timetable is set

Question 17

Draft judgments are-

Answer 17

Confidential and should not be released to the client

Question 18

Rolled up hearing

Answer 18

Hearing of both permission to appeal as well as actual appeal

Question 19

Is there an automatic right to a hearing of a permission to appeal application?

Answer 19

No - will be dealt with on paper

Question 20

Grounds for appeal

Answer 20

It must be shown that the judge drew incorrect conclusions from the facts or law incorrectly applied

Question 21

When does a notice of appeal need to be filed?

Answer 21

21 days from the date of the judgment