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Pre-trial review

Information on preparing your case before going to court for the pre-trial review.

 

Once a defence is filed in your case, the court will send each of the parties a notice telling with ​the date and time of the pre-trial review. 

The pre-trial review is your first da​y in court. It is an opportunity for you and the the other party to settle the case. If your case does not settle, the magistrate or registrar will make orders to get your case ready for hearing. If you want a subpoena, you should ask for permission at the pre-trial review. 

Pre-trial reviews are dealt with remotely in the Small Claims Division unless the Court has granted leave (permission) for the parties to appear in person. 

  • Alert

    Alert

    If you move, or change your mailing address, at any time during your case, you must notify both the court and the other party. You should do this by filling in Form 76- notice of change of address for service. 

  • Alert

    Alert

    ​​If the claim is about a consu​mer credit debt, such as a bank loan, credit card or car loan, you should consider External Dispute Resolution (EDR). There are lots of benefits of trying to resolve the dispute through EDR​, rather than through court. For more information, see Disputes with banks or credit providers​.

The pre-trial review is the first time you and the other party will attend court for your case. It is an opportunity for you and the other party to settle the case. If your case does not settle, the magistrate or registrar will make orders to get your case ready for hearing.

It is important that you prepare your case before going to court for the pre-trial review. Good preparation will save you time and stress.  You should:

  • ​​read your documents
  • gather your evidence
  • consider settlement.

For more information see Step by step guide - Preparing for the pre-trial review​.

A subpoena is a court order to a person or organisation to bring documents to the court on a certain date and/or attend court to give evidence at the hearing.

You can’t file and serve a subpoena unless the court has given you leave (permission) to do this.

If you want a subpoena, you should ask for permission at the pre-trial review. 

There are three different kinds of subpoenas (pronounced supeenas): 

  1. ​Subpoena to produce - an order that the person give documents to the court
  2. Subpoena to attend to give evidence – an order that the person go to court and give evidence at a hearing
  3. Subpoena to give evidence and produce - an order that the person go to court and give evidence at a hearing, and also give documents to the court.

The Local Court does not normally issue subpoenas for cases in the Small Claims Division. You should get legal advice before applying for a subpoena in the Small Claims Division.

For more information see Step by step guide - Subpoenas.

The case will be listed for a p​re-trial review afte​r a defence is filed at court. The Court will send you a notice of the date and time that you will need to ​atte​nd the pre-trial review.  

Pre-trial reviews are dealt with remotely in the Small Claims Division unless the Court has granted leave (permission) for the parties to appear in person. 

To find out what happens at a pre-trial review, see Step by step guide - Going to the pre-trial review.

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