Summary
- A call over is a brief administrative court hearing where a Registrar reviews case progress, issues procedural directions, and may set trial dates.
- The first call over typically occurs within six weeks of a defence being filed; a second may follow within 28 days if further directions are needed.
- Registrars can make binding orders at call overs, including referrals to mediation, evidence filing directions, and trial date listings.
- This article is a plain-English guide to call overs in Australian civil litigation, written for business owners navigating the court process.
- The content is produced by LegalVision, a commercial law firm that specialises in advising clients on disputes and litigation.
Tips for Businesses
Instruct your lawyers on any procedural preferences before the call over. Ensure all pre-litigation steps are completed on time to avoid adverse cost orders. Although attendance is optional, consider attending to better understand the proceedings. Keep your legal team updated on any developments that may affect the case timetable.
A call over is a very short procedural event in the court’s case management system where the court will review the status of the case to ensure the matter is progressing efficiently towards a solution. Call overs are usually in front of a Registrar, who determines what will happen next in your case. While they are primarily administrative and do not address any case details beyond setting the trial date, they play a crucial role in shaping the trajectory of your case. This article outlines what call overs are and how you should prepare for one.
What is the Role of a Registrar?
A Registrar generally presides over directions hearings and initial court events. This will usually be the first time that you will have to attend court. The main content of the court appearance is the administrative aspects of the case, including making orders for:
- the collection, preparation and filing of evidence;
- subpoenas and notices to produce;
- how much time to allocate for the full hearing; and
- setting down dates for any additional procedural steps that may be required
When determining this, the court acts to facilitate the just, quick and cheap resolution of the proceedings. This means that the court has obligations around what they must consider when making a determination at this stage, including:
- ensuring that the process for determining the outcome is fair for both parties;
- that the dispute is finalised as quickly as possible to keep costs low; and
- that the use of judicial and administrative resources is efficient.
What is a First Call Over?
The first call over is usually heard by a Registrar. The court will notify your legal team of the date for the court appearances. The date of the first call over is usually within six weeks of when a defence is filed. You can expect that the court will mostly be interested in giving directions to assist in the speedy determination of the real issues between the parties.
For example, this could include:
- making orders in relation to subpoenas and the filing of evidence;
- referring the proceedings to mediation or arbitration; or
- directing the parties to complete a civil listing advice, which must be filed in court on the next listing date.
Call 1300 544 755 for urgent assistance.
Otherwise, complete this form, and we will contact you within one business day.
What is a Second Call Over?
If the court has determined that a second call over is necessary, they will generally hold this within 28 days. During the second call over the court will:
- set a date for the trial and a pre-trial review date;
- make orders on the preparation and filing of evidence; and
- give directions to assist in the speedy determination of the real issues between the parties.
If, at this point, the parties are not ready to take a trial date, you may be required to attend a further directions hearing.
This guide provides key information on how to manage a business dispute as quickly and cost-effectively as possible.
Preparation for a Call Over
Your legal team will be liaising with the solicitor for the other party to determine a court timetable. This is the most efficient way to determine the timetable of the proceedings. Your team will also be:
- addressing the court’s queries about the case’s progress and compliance with procedural rules, such as ensuring any pre-litigation and interlocutory steps have been complied with in time;
- considering relevant materials and evidence to be relied upon and the number of witnesses that may be required for cross-examination; and
- gauging the likely length of the hearing and any steps that they will need to complete prior to the hearing.
Your team will also attend the court for the call over and report back to you on the outcome and any additional decisions made by the court. Practically, this means going to court, waiting for the magistrate or registrar to call out your case from a list, and advising the court of the progress of the case. The magistrate or registrar then determines whether the case is ready for hearing and makes suitable orders or provides parties with a hearing date.
What Do I Need To Do?
If you are at this stage of the proceedings, there are a few things that you may need you to do. This includes:
- Updating Your Lawyers: Make sure that you discuss any orders or decisions that you would like to ensure are made at the call over.
- Consider Attending the Call Over: You are not required to attend the call over, but you may do so if you wish. This will help you gain an understanding of your trial and the other legal team.
Key Takeaways
A call over is a brief court event where a Registrar reviews a case’s progress and sets procedural directions. It focuses on administrative matters such as trial dates, evidence preparation and mediation referrals. The first call over usually occurs within six weeks of a defence being filed, with a second call over scheduled if further directions are needed. Legal teams handle court timetables, procedural compliance and trial preparation. While attendance is not required, staying informed and updating your lawyers on key concerns ensures your case progresses efficiently. Call overs help streamline proceedings for a fair, timely and cost-effective resolution.
If you are attending court, our experienced disputes and litigation lawyers can assist you as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1800 875 477 or visit our membership page.
Frequently Asked Questions
A call over is a key part of the court process that ensures the timely and cost-effective resolution of a dispute. Efficient case management through call overs can lead to quicker resolutions, reducing costs for all parties involved.
Failing to comply with the court’s directions can result in the court ordering costs, penalties, or potentially even an adverse judgment against you, depending on other factors in the case.
Yes, a Registrar can make binding procedural orders at a call over, including directions for filing evidence, referrals to mediation, and setting trial dates.
Yes, if parties are not ready to proceed, the court may schedule a further directions hearing instead of finalising orders.
We appreciate your feedback! Request your free consultation now.
