Trial

Question 1

(1) If a witness does not want to attend trial voluntarily, what can be issued by the court to compel them to attend?
(2) When must this be issued?
(3) If it issued before this, what must be obtained?

Answer 1

(1) Witness Summons
(2) At least 7 days pre Trial
(3) UNLESS court permission

Question 1

What 2 things is a witness subject to a ‘Witness Summons’ entitled to?

Answer 1

(1) REASONABLE SUM for travel expenses
(2) COMPENSATION for Time

Question 2

What are the 3 main pre-Trail Steps

Answer 2

(1) Pre-Trial Checklist
(2) Listing Hearing (fast) / Pre-Trial Review (multi)
(3) Trial Bundle

Question 3

What are the 2 main purposes of the PRE-TRIAL CHECKLIST?

Answer 3

(1) Check Directions complied with
(2) Readiness of case for Trial

Question 4

When do the Parties file PRE TRIAL CHECKLIST

Answer 4

At least 8 weeks pre-trial

Question 5

Following the PRE-TRIAL CHECKLIST:
(1) What is the next stage for:
(a) Fast-track
(b) Multi Track

(2) Will this always occur? If not, under what conditions?

Answer 5

(1)
(a) Listing Hearing (fast)
(b) Pre-Trial Review (multi)

(2) NO - complex / excepted trial > 10 days

Question 6

What is are the 2 main purposes of the PRE-TRIAL REVIEW?

Answer 6

(1) Ensure Trial EFFICIENT
(2) NARROW DOWN ISSUES in dispute

Question 6

When must the Claimant file the TRIAL BUNDLE?

Answer 6

Between 3 and 7 days pre-Trial

Question 6

What 3 components make up D’s Case at Trial?

Answer 6

(a) D’s ‘EVIDENCE IN CHIEF (i.e. D & D’s Witnesses of Fact)
(b) CROSS EXAMINATION (of D & Ds Witnesses of Fact by C’s counsel)
(c) RE-EXAMINATION (of D & D’s Witnesses of Fact by D’s counsel)

Question 6

In addition to the TRIAL BUNDLE, if the case is in the MULTI-TRACK:
(1) What further document should be prepared?
(2) Who should prepare this?
(3) What should it describe?

Answer 6

(1) CASE SUMMARY
(2) Both Parties
(3) Issues in dispute

Question 6

(1) What is a TRIAL BUNDLE?
(2) Who prepares and files it?

Answer 6

(1) File of ALL DOCUMENTS BOTH PARTIES have / will refer to in the proceedings
(2) Claimant

Question 6

What are the 5 stages of the Trial?

Answer 6

(1) C’s Opening Speech
(2) C’s Case
(3) D’s Case
(4) D’s Closing Speech
(5) D’s Closing Speech

Question 7

What 3 components make up C’s Case at Trial?

Answer 7

(a) C’s ‘EVIDENCE IN CHIEF (i.e. C & C’s Witnesses of Fact)
(b) CROSS EXAMINATION (of C & C’s Witnesses of Fact by D’s counsel)
(c) RE-EXAMINATION (of C & C’s Witnesses of Fact by C’s counsel)

Question 8

When a Party gives ‘EVIDENCE IN-CHIEF’:
(1) What will they typically do?
(2) What is the effect of this?

Answer 8

(1) Confirm their ‘Witness Statement’
(2) Treated as being said orally at trial

Question 9

During a Party giving ‘EVIDENCE IN-CHIEF’:
(1) If they want to add further information to their statement, what is required?
(2) What type of questions can the Party’s counsel ask them?

Answer 9

(1) Court’s permission
(2) Open / Non-leading questions

Question 10

When a Party ‘s counsel CROSS-EXAMINES the other Party’s witnesses, what questions can they ask?

Answer 10

BOTH ‘Leading’ and ‘Open / Non-Leading Questions’

Question 11

(1) Must a Party RE-EXAMINE their witnesses?
(2) What are the ONLY matters are able to raised in the Re-examination?
(3) What are the only types of questions allowed?

Answer 11

(1) NO - choice of Party
(2) Raised in Cross-Examination
(3) Open / Non-leading questions

Question 12

When a ‘Judgment’ is given, when does this typically take effect?

Answer 12

DAY of judgment UNLESS specified otherwise

Question 13

What 4 things will the judge consider in the ‘Judgment’?

Answer 13

(1) Liability
(2) Quantum (monetary award)
(3) Interest
(4) Costs

Question 14

When will Costs be awarded for cases:
(1) Fast Track
(2) Multi-Track

Answer 14

(1) ‘Summarily’ (i.e. immediately at end of trial)
(2) Later at a separate ‘Costs Hearing’