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Hearing
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Term: hearing

1.

A hearing may be an interim hearing or a final hearing (otherwise known as the trial). Hearings may also take place without notice to the opposing party in appropriate circumstances. A party to litigation requests a hearing of any particular relating to the proceedings by filing an application notice and evidence in support of the application.  When the matter comes before the court, the court will be determine the matters or issues raised in the application notice and no other matter.  If other matters are to be dealt with, a separate application will usually be required to be made by the court.

The final hearing takes place after the interim procedures, such as filing and service of pleadings, allocation, disclosure, filing and service of lay evidence and expert evidence. 

At the end of the hearing, the court will make directions, enter judgment, or make others orders as are appropriate in the circumstances.

Usage: The hearing commenced at 10.00am.

Related Words: trial; disclosure; allocation hearing; pre-trial review; case management conference; listing hearing; application notice; litigation; lay evidence; expert evidence; request for further information and clarification; Civil Procedure Rules.


 

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