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Author Topic: Court Case  (Read 34192 times)
Hyabb17

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« Reply #30 on: Tuesday, February 2, 2021, 09:09:41 »

Isn't this just a prelim to set out what the case is about, what each party wants etc? I have a nasty feeling that the ''actual'' case will be months after if nothing is settled out of court.
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JBZ
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« Reply #31 on: Tuesday, February 2, 2021, 09:17:05 »

Isn't this just a prelim to set out what the case is about, what each party wants etc? I have a nasty feeling that the ''actual'' case will be months after if nothing is settled out of court.

The list says this is a CMC. A CMC is a case management conference. Cases like these will have at least one CMC.

As it isn't a PTR (pre-trial review) this suggests the trial won't happen for a while but I don't know any detail regarding the case.

This is a hearing in the Standing litigation but it is not the trial.

It appears that there was a belief that the trial will commence today. I don't know where that came from but it appears that it was wrong.
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Batch
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« Reply #32 on: Tuesday, February 2, 2021, 09:23:08 »

So what typically happens in a CMC?

It's it just formalities to set certain required actions on record.

Or is the judge able to say something like 'this will go to trial, but looking at the evidence evidence before me I suggest Mr Power takes council with a view to settling out of court"

#strawClutch
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horlock07

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« Reply #33 on: Tuesday, February 2, 2021, 09:28:04 »

So what typically happens in a CMC?

It's it just formalities to set certain required actions on record.

Or is the judge able to say something like 'this will go to trial, but looking at the evidence evidence before me I suggest Mr Power takes council with a view to settling out of court"

#strawClutch

Its actually a bit like that, its where the court identifies what the real issues under consideration are, whether these can be narrowed down a bit, what further information may be required and whether there is the prospect of settlement via another route etc. 
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JBZ
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« Reply #34 on: Tuesday, February 2, 2021, 09:35:43 »

Its actually a bit like that, its where the court identifies what the real issues under consideration are, whether these can be narrowed down a bit, what further information may be required and whether there is the prospect of settlement via another route etc. 

I think I have mentioned earlier that the first CMC is usually a CCMC. At a CCMC the court makes directions - or a timetable of events that have to be completed by the parties.  This includes exchanging documents and witness statements etc.  The court will also make a costs budgeting order (see the net for further details).

As this has been called a CMC rather than a CCMC this suggests that things have happened and that the court/parties will review whether any further directions etc are required to get the case ready for trial. 

The CMC will be heard by a Master who won't be the judge in the trial if/when that happens.
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horlock07

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« Reply #35 on: Tuesday, February 2, 2021, 09:35:52 »


Is that going to work if 20 of us log on at the same time?
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tans
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« Reply #36 on: Tuesday, February 2, 2021, 09:36:47 »

No idea?
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horlock07

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« Reply #37 on: Tuesday, February 2, 2021, 09:38:09 »

I think I have mentioned earlier that the first CMC is usually a CCMC. At a CCMC the court makes directions - or a timetable of events that have to be completed by the parties.  This includes exchanging documents and witness statements etc.  The court will also make a costs budgeting order (see the net for further details).

As this has been called a CMC rather than a CCMC this suggests that things have happened and that the court/parties will review whether any further directions etc are required to get the case ready for trial.  

The CMC will be heard by a Master who won't be the judge in the trial if/when that happens.

Its going to be interesting to see how Power's team have acted this time, what jumped out of the other case was how shoddy they had been a preparing and lodging documents with the Court which plainly pissed the judge off.  
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« Reply #38 on: Tuesday, February 2, 2021, 09:40:50 »

I think I have mentioned earlier that the first CMC is usually a CCMC. At a CCMC the court makes directions - or a timetable of events that have to be completed by the parties.  This includes exchanging documents and witness statements etc.  The court will also make a costs budgeting order (see the net for further details).

As this has been called a CMC rather than a CCMC this suggests that things have happened and that the court/parties will review whether any further directions etc are required to get the case ready for trial. 

The CMC will be heard by a Master who won't be the judge in the trial if/when that happens.

Thanks. Sorry I missed the earlier comment.
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Flashheart

« Reply #39 on: Tuesday, February 2, 2021, 09:43:58 »

So, then, it could be the decider? Or encourage a decision?

*more straw clutching*

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Bob's Orange
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« Reply #40 on: Tuesday, February 2, 2021, 09:47:31 »

I hope JBZ is going to be here to translate what is actually going on today, given he seems to know a lot about this stuff.

Wouldn't want anything to be lost in translation!
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JBZ
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« Reply #41 on: Tuesday, February 2, 2021, 09:47:44 »

A CMC is a court hearing. I assume that anyone with access will be automatically muted and/or won't have their camera on but I can't say for certain.  I am sure you will consider your conduct as this may have consequences.
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Flashheart

« Reply #42 on: Tuesday, February 2, 2021, 09:49:29 »

I turned my mic off in case. I can't promise to not say fuck off a few times.
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The Artist Formerly Known as Audrey

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« Reply #43 on: Tuesday, February 2, 2021, 09:50:13 »

Did I read somewhere that Power’s lawyers are, essentially, family law practitioners?
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horlock07

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« Reply #44 on: Tuesday, February 2, 2021, 09:50:17 »

Not a dickie bird about this on the Advertiser website.
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