Callover

The purpose of a callover is to allocate a date for your trial. A large number of cases are allocated trial dates at each callover, so there is no time to deal with any issues other than the allocation of the trial date.

Prior to the callover, you should file a Callover Certificate – Form NP12.

What happens at a callover?

You or your representative should attend with a list of all dates when you or your witnesses will be unavailable to attend trial in the following three months.

You will need to listen carefully for your name to be called by the Judicial Officer. When your name is called, you must make your way quickly to one of the microphones. The Judicial Officer will suggest a trial date and you have to advise quickly whether that date suits you and your witnesses.

Sometimes there are insufficient trial dates for all cases in the callover, or the dates available may be unsuitable. If this happens, your case is likely to be stood over to the next available callover, which could be in about one or two months.

The date allocated for trial is likely to be at least six weeks after the callover. Your trial will usually be listed to a “not before” date, which means that your trial will not start before that date, but it may start on or after that date, depending how long it takes the court to finish other trials listed before yours.

If you have been given a “not before” trial date, it is important that you contact the court after 2pm on the day before the allocated trial date, to find out when it is expected that your trial will start. If your trial does not start on time, it may start in the following days at very short notice. You should warn your witnesses and support people that the trial may be delayed and that some flexibility of availability may be required on their part.

If you want a fixed starting date for your trial, you must request this at the readiness hearing or note it on your callover certificate. Generally, fixed starting dates are only given where parties or witnesses have to travel from interstate or overseas for the trial.

At callover you will be told the name of the judicial officer who will be conducting your trial; however, the case may be moved to another judicial officer closer to the trial date.

What if we reach an agreement after the trial date is set?

You and the other party can resolve your matter by agreement at any time before the delivery of judgment, including before and during the trial. If you reach an agreement, you should inform the court as soon as possible, so the court’s time is not wasted.

To formalise your agreement, you should file or hand up a minute of consent orders, signed by each party, setting out the terms of the agreement. If the judicial officer is satisfied that the agreement is appropriate, consent orders will be made. (It is not necessary to file an Application for Consent Orders (Form 11) if you already have current proceedings.)


Last updated: 16-Apr-2018

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