The County and Supreme Courts in Victoria came together on 24 August 2023 to present to the profession on the Institutional Liability List, including current case management, recent cases and what to expect from the Courts going forward. This is expected to be a seminar that the Bench will run annually for the benefit of those involved in Institutional Liability litigation.
Justice Andrea Tsalamandris (Supreme Court) chaired the seminar, with presentations by Justice Stephen O’Meara (Supreme Court), Judge Katherine Bourke (County Court), Judge Aine Magee (County Court), Judicial Registrar Andrew Baker (Supreme Court) and Judicial Registrar Belinda Bales (County Court).
It was noted during the presentation that over 500 new proceedings have been commenced in the Supreme Court this year and the Institutional Liability List is expected to overtake the Personal Injuries List as the largest list in the Courts. This massive number of cases has resulted in the County Court taking steps to establish an Institutional Liability List of its own, which is expected to be "up and running" later this year.
Here are the Top 5 takeaways from the seminar:
Permanent stays are an important topic for the Court.
Secondary Victim claims will be a growth area and "potential minefield".
Interlocutory applications should be made as soon as possible.
The Supreme Court will be transferring cases to the County Court.
Practitioners are to file correct and clear pleadings and respect the functions of the Court.
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