The following procedure has been introduced for Possession List matters in which a Defence/Cross Claim has been filed.
When a Defence/Cross Claim is filed, the Registrar is to take steps to list the matter for initialdirections hearing before a Judge.
An initial directions hearing of defended matters before a Judge is intended to achieve thefollowing:
The Judge may:
It is not intended that this new procedure will involve protracted or intensive case management ofdefended matters by Judges, instead of the Registrar. The procedure is intended to promote earlyresolution of defended matters (in particular by way of mediation) and to reduce delay, in theinterlocutory phase, of defended matters which are to proceed to hearing.
Call-up of delayed defended matters, in accordance with paragraph 22 of
Practice Note SC CL6,
will continue to take place.
In the event that parties to existing defended matters in the Possession List are reluctant toengage in mediation, the Registrar may refer such matters to the Possession List Judge so that mediation may be directed under
s. 26 of the
Civil Procedure Act 2005if the Court sees fit, without the
consent of the parties to the proceedings.