Practice and Procedure Part 8: Changes to Supreme Court Practice Note SC Eq 1

Vikram Misra, Barrister at Clarence Chambers, continues his series into practice and procedure. In this article, he discusses why practitioners should be aware of the recent changes to Supreme Court Practice Note SC Eq 1. Follow the series here.

Practitioners should be aware of the recent changes to Supreme Court Practice Note SC Eq 1. The new version of the Practice Note was issued on 16 June 2023 and commenced on 1 July 2023. It replaced the previous version of the Practice Note issued on 31 August 2018.

The main changes are as regards the Usual Order for Hearing (Annexure A) and the Usual Order for Hearing for Interlocutory Applications in the Applications List (Annexure C). These affect the provision of Court Books and their contents.

The Usual Order for Hearing (Annexure A) has been changed to the following:

1. Unless the Court otherwise orders, the Court Book need not be electronic. If the Court Book is to be electronic, Practice Note SC Gen 7 will apply. The Trial Judge may also request a hard copy in any event. The Court may order that the sections of the Court Book described below comprise of separate PDF bundles, each separately paginated and each bookmarked.
2. By no later than five (5) working days before the trial date, the parties are to provide to the Associate to the Trial Judge, two copies of a Court Book which is to contain, in separate sections:

   (a) latest process and pleadings;

   (b) submissions (including chronologies and lists of authorities) and any objections which are essential;

   (c) affidavits (excluding annexures and exhibits which consist of primary documentation);

   (d) documentary evidence – which is to be placed in chronological sequence so far as is practicable and consecutively numbered (without tabs unless the Court otherwise directs). If there are a significant number of emails, the chains should be dismembered and placed in chronological sequence; and

   (e) expert evidence.

3. A physical Court Book must be in working ring-binder folders, none of which is to be filled beyond its reasonable working capacity, and the documents are to be accurately hole-punched.
4. The affidavits are to be annotated to the Court Book so that documents referred to, annexed or exhibited to an affidavit must be referenced to the place where the document is in the chronological section of the Court Book.
5. Not more than one index should be provided.
6. By no later than two (2) working days before the trial date, the parties must cause to be filed and served a short outline of submissions, a chronology of relevant events, any objections to evidence that are essential and a list of authorities.

The Usual Order for Hearing for Interlocutory Applications in the Applications List (Annexure C) has been changed to the following:

By no later than 48 hours before the hearing date, the parties are to provide to the Associate to the Judge allocated to hear the matter, a Court Book which is to contain, in separate sections, but consecutively paginated:

(a)  the motions;

(b)  the affidavits; and

(c)  submissions and any objections that are essential.

Practitioners should ensure that they comply with the new requirements when providing Court Books for final and interlocutory hearings in the Equity Division from 1 July 2023.

Disclaimer: The statements, analyses, opinions and conclusions in Legalwise Insights are those of the respective authors and not of Legalwise Seminars Pty Ltd which acts only in the capacity as editorial co- ordinator of the content in Legalwise Insights. No part of any article can be regarded as legal or financial advice. Although all care has been taken in the preparation of all articles, readers must not alter their position or refrain from doing so in reliance on any information contained therein. Neither the respective authors nor Legalwise Seminars Pty Ltd accept or undertake any duty of care relating to any part of Legalwise Insights

Liability limited by a scheme approved under the Professional Standards Legislation

Vikram Misra was admitted as a solicitor in 2012 and called to the NSW Bar in 2015. He maintains a broad commercial practice and is regularly briefed in matters relating to taxation law, property law, construction law and equity. Vikram has completed a Graduate Diploma in Taxation Law at the University of Sydney in 2015 and a Master of Laws majoring in construction law and contract law at the University of Melbourne in 2016. Vikram is also a contributing author to the Security of Payment (NSW) and (SA) sections of the looseleaf Commercial Arbitration Law & Practice Service for Thomson Reuters. You may connect with Vikram via email counsel@vikrammisra.com or LinkedIn