Each action commenced in the District Court will be allocated a pre-trial conference once it has been entered for trial. Each party to the action must attend the pre-trial conference. Where the party is a corporate entity, it will need to be represented by someone with authority to conduct negotiations and settle the action. Show Pre-trial conferences take place on Level 1, District Court Building, 500 Hay Street, Perth. Most pre-trial conferences are listed to start between 9:30am and 11am. There is a comfortable waiting area and facilities for obtaining refreshments. Smoking is not permitted in the building. Since a pre-trial conference might run for several hours, it is necessary for long-stay parking to be utilised. It is not appropriate for children to be brought to a pre-trial conference, so parties with young children should ensure that they have made suitable child-care arrangements. On the day of the conference, parties arriving without their lawyers should attend at the reception desk, where the pre-trial conference secretary will assist them. Though each pre-trial conference is unique, it is usual for the parties (through their lawyers, unless they are acting in person) to start by discussing matters relating to the action between themselves. Interview rooms are available for this process and must be allocated by the pre-trial conference secretary. If the parties themselves are unable to reach a negotiated settlement, the parties may request for their pre-trial conference to proceed before a Registrar. Registrars of the District Court are independent judicial officers. They are qualified lawyers with many years’ experience as mediators. The Registrar will conduct the formal pre-trial conference as he/she considers appropriate in the circumstances. The parties will be given an opportunity to explain their individual positions and to give details of any settlement proposals. It is not unusual for the Registrar then to speak with each party (and their lawyers) privately. If a settlement is achieved, documents consenting to judgment for the agreed amount can often be signed on the spot. In some cases, it will be necessary for further paperwork to be processed. Parties without legal representation should note that the Registrar will explain any relevant procedural requirements, but cannot give legal advice. If an action cannot be settled at the pre-trial conference, it will generally be adjourned to a listing conference, for the allocation of trial dates. general procedure claims - within 14 days after being served with a statement of defence, the claimant must put in the form to the court to request a pre-trial conference (or if the defendant has lodged a statement of defence and counterclaim within 14 days after the claimant has lodged a statement of defence to counterclaim), or the parties can agree to have a pre-trial conference before the claimant is served with a statement of defence, or a statement of defence and counterclaimThe registrar will let the parties know in writing when and where their conference is on. What is a status conference?The purpose of the status conference is to allow the case to be managed by a magistrate. The magistrate can do things such as make orders about lodging and serving documents and work out what facts (if any) are agreed to by the parties. You need to have thought about things such as:
At a status conference in a minor case where liability is admitted (for example, you agree that you caused a car crash that led to damage to another person’s car), but the amount claimed is disputed, the magistrate may:
The magistrate assesses the amount to be awarded for the claim at the final hearing. If you have not had legal advice about your case before a status conference you should try to get it. What is a pre-trial conference?It is a compulsory meeting between the parties to attempt settlement of a case before a registrar. You don’t need to bring witnesses to a pre-trial conference. What happens at a pre-trial conference?The registrar tries to help the parties settle the matter. The registrar can do things such as make orders about lodging and serving documents and work out what facts (if any) are agreed to by the parties. If the case does not settle at a pre-trial conference:
The registrar will let the parties know the new date in writing. Do I have to go to a status conference and pre-trial conference?In a general procedure claim, a party must attend a status conference or may be represented by their lawyer, or the court may order that a party attend in person even if they have a lawyer. In a minor case, a party must attend a status conference in person. In a general procedure claim, unless a registrar or magistrate orders otherwise, a party must go to a pre-trial conference. In minor case a party must attend a pre-trial conference in person. With written authorisation from a party given to the court, a party's insurer can represent or help at these conferences in minor cases but not at a trial. If a party’s attendance is likely to cause undue expense or the party is ill, the party may apply to the registrar before the pre-trial conference for permission to attend the conference by audio link. Permission may or may not be granted. If a party doesn’t go to a pre-trial conference, the registrar at the pre-trial conference may give default judgment against them. My case is listed for a mediation conference. Do I have to go?The court can order parties to go to mediation to try to settle a dispute. You have to go unless the mediator approves otherwise. If the case is not settled at mediation conference, a registrar must list the case for another status conference in a general procedure case and another pre-trial conference in a minor case claim and let the parties know in writing.
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Pre trial conference Magistrates Court wa
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