24 August 2012 – Opposed Motions and filing of Heads of Arguments

PRACTICE DIRECTIVE NO 1 OF 2012

OPPOSED MOTIONS:

 SET-DOWN AND HEADS OF ARGUMENT

After consultation with the Bar and attorneys, the Judges of this Division resolved to implement the proposed rule of practice regarding opposed motions set out in part A below in the manner detailed in part B.  At the end of the trial period, taking into account the feasibility of the rule, it will be resolved whether to amend the local rules accordingly.

S.P.B. HANCKE

ACTING JUDGE PRESIDENT

24 August 2012

 

  1. PROPOSED RULE OF PRACTICE: OPPOSED MOTIONS
  1. Opposed motions must be enrolled before 12h00 on the second Friday of the week preceding the date of hearing.
  1. The applicant’s heads of argument shall be filed before 12h00 on the Wednesday of the week immediately preceding the date of hearing.
  1. The respondent’s heads of argument shall be filed before 11h00 on the Friday immediately preceding the date of hearing.
  1. The heads of argument of all parties shall be accompanied by a practice note in which the issues in the application are succinctly identified and an estimated duration of the argument is stated.
  1. IMPLEMENTATION OF PROPOSED RULE
  1. The above rule will be implemented for a probation period of one term, namely the fourth term of 2012.
  1. The rule will enter into force on the first Thursday of the fourth term. The effect is the following:

2.1       Opposed motions for 11 October 2012 must be enrolled on Friday, 28 September 2012,

            before 12h00.

2.2       The applicant’s heads of argument must be filed on Wednesday, 3 October 2012, before 12h00.

2.3       The respondent’s heads of argument must be filed on Friday, 5 October 2012, before 11h00.

2.4       Both sets of heads of argument must be accompanied by the practice note referred to above.