ARTICLE · 02 OCTOBER 2011

New Rules - Inactive Cases List

Kott Gunning

Explore more from Kott Gunning

The District Court has recently clarified the application of changes to the District Court Rules 2005 to actions that are ‘inactive’ under the former case management regime.

AustraliaLitigation, Mediation & Arbitration

Stephen Williams

Author LinkedIn connections

The District Court has recently clarified the application of changes to the District Court Rules 2005 (WA), Rules 44A to 44G, to actions that are 'inactive' under the former case management regime.

The main point to note under the new rules is that under Rule 44G (1), a case that is on the Inactive Cases List for 6 continuous months is taken to have been dismissed for want of prosecution.

The Court has confirmed that it will not apply the new rules retrospectively but will place cases on the Inactive Cases List where:

(a) no documents have been filed since 1 July 2010; or

(b) the party has failed to comply with a Form 2 default notice, the compliance date for which was after 1 July 2011.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

When An Ankle Injury Affects More Than The Ankle: NSW Court Of Appeal Clarifies Permanent Impairment Assessments

AustraliaLitigation, Mediation & Arbitration

Carroll & O'Dea

Alternative And Inconsistent Pleadings In Queensland

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Presumed Facts In Queensland Pleadings

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Serious Harm, Small Audience: When A Defamatory Publication Falls Short Of The Serious Harm Requirement

AustraliaLitigation, Mediation & Arbitration

Consequential Injury Claims: Why Contemporaneous Records Matter

AustraliaLitigation, Mediation & Arbitration

Bartier Perry Solicitors

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Litigation, Mediation & Arbitration
- Trials & Appeals & Compensation

Related Comparative Guides

Comparative Guide

Class Actions

Comparative Guide

Litigation

Comparative Guide

International Arbitration

See more popular content from

Litigation, Mediation & Arbitration

Careful case preparation may help avoid indemnity costs

The teachers were ordered to pay their former employer's indemnity costs, after they refused the settlement offer.

AustraliaLitigation, Mediation & Arbitration

Draft And File A Statement Of Claim In Queensland

Learn the essential steps for drafting and filing a statement of claim in Queensland courts, from identifying the correct jurisdiction and parties through to proper service of documents. This guide breaks down the technical requirements for pleading material facts, particularising claims, and ensuring compliance with court rules and approved forms.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Libel, Slander, and Defamation – Understanding the Difference

Libel, slander, and defamation are legal terms that address false statements that harm an individual's or business's reputation.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

How To Draft A Defence And Reply

Queensland civil procedure requires defendants to respond to each factual allegation with precision—admissions, denials, or non-admissions must be properly explained, while inadequate responses risk being treated as admissions. Replies serve a distinct and limited purpose, addressing only new matters raised in the defence that could affect the claim's maintainability or introduce unexpected factual questions.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Beyond reasonable doubt (criminal) vs balance of probabilities (civil)

Explanation & discussion about the different standards of proof required in criminal cases as compared to civil cases.

AustraliaLitigation, Mediation & Arbitration

Doogue + George Defence Lawyers

NSW Statement of Claim: A Basic Guide

A NSW Statement of Claim is a legal document that enables a person to initiate local court proceedings.

AustraliaLitigation, Mediation & Arbitration

Negligence and the scope of liability (legal causation)

Proving negligence and legal causation is not as straight forward as the commonly accepted concepts and definitions.

AustraliaLitigation, Mediation & Arbitration

Carroll & O'Dea

Elements Of Defamation In Queensland

In Queensland, proving defamation requires establishing that a defendant published defamatory matter identifying the plaintiff to third parties, causing serious reputational harm. However, even when all elements are satisfied, claims may still fail due to procedural requirements, corporate plaintiff restrictions, or available defences under the Defamation Act 2005.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Legal Professional Privilege In Queensland

Legal professional privilege shields confidential communications made for obtaining legal advice or litigation purposes, but Queensland's civil procedure rules impose strict disclosure requirements and affidavit obligations when privilege claims are challenged. Expert reports and drafts face particular scrutiny, as they may not qualify for privilege protection under the rules.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Counterclaims In Queensland Civil Proceedings: Complete Guide

When a defendant in Queensland civil litigation wishes to pursue its own claim against the plaintiff, a counterclaim provides the procedural mechanism to do so within the existing proceeding. Understanding the technical requirements for pleading, serving, and answering counterclaims—including joinder of additional parties, limitation periods, and the effect of discontinuance—is essential for both claimants and respondents navigating commercial disputes.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal