Federal Court Fast Track Directions List

The Federal Court of Australia has issued a new practice now for the Fast Track Directions List, which is effective from 24 April 2009.

Cases that arise out of or relate to:

1. commercial transactions;
2. an issue that has importance in trade or commerce;
3. the construction of commercial documents;
4. an issue that has importance in personal insolvency; or
5. intellectual property rights apart from patents

These may be commenced in the Fast Track Directions List.

The Fast Track Directions List does not apply to:

1. proceedings where the trial is likely to exceed 5 days;
2. proceedings where the Corporations Panel is the appropriate list;
3. Admiralty and Maritime proceedings;
4. Tax List proceedings;
5. proceedings under the Patents Act 1990 (Cth).

Fast Track proceedings will not involve pleadings unless the court orders. The parties will use the Fast Track forms that provide for statements in summary form of:

1. the nature of the dispute;
2. the issues which the applicant believes are likely to arise in the proceeding;
3. the parties' contentions or responses, including the material facts upon which they intend to rely.

The Fast Track Directions List also provides for a Scheduling Conference (like a directions hearing) at which the presiding judge will determine whether the trial will be by affidavit or by oral evidence of witnesses.

Discovery in Fast Track proceedings will usually be limited to documents upon which a party intends to rely and documents that have significant probative value adverse to a party's case.

Interrogatories will not be permitted in Fast Track proceedings unless there are exceptional circumstances.

Interlocutory applications must be made in writing and the opposing party must file a written response. The application will usually be determined without an appearance before the judge in most cases, unless requested by party and the judge is of the view that oral argument will assist the court.

Approximately 3 weeks prior to the scheduled trial date, there will be a Pre-Trial Conference with the presiding judge, the lawyers involved in the case and all parties, at which the parties will identify the agreed facts and those in dispute, and will finalise the list of witnesses to be called at the final hearing.

The Court will endeavour to deliver judgment within 6 weeks of the conclusion of the trial.

A copy of the Fast Track Directions may be obtained from the Court's web site at http://www.fedcourt.gov.au.