A pre-trial review is a brief court attendance to allow the court to determine if the case is ready to proceed to trial.

At the pre-trial review, the court will make several inquiries to ensure that both parties are ready to proceed to trial. These will include:

  • making sure that the court’s orders or decisions that were made previously have been complied with;
  • ensuring that the time provided for the trial reflects the time estimated by both parties; and
  • checking the availability of the witnesses and the requirement for them to attend court for cross-examination during the trial.

The court will then determine whether it is satisfied that the trial is ready to go ahead. The court may also seek to set limits on the time allocated at the trial for the: 

  • opening addresses; 
  • presentation of a party’s case; and
  • closing addresses. 

The pre-trial review will be listed approximately four weeks before a trial date.

What Happens if Previous Directions Have Not Been Complied With?

If either party has not complied with previous directions, the court can make orders including:

  • dismissing the main proceedings;
  • dismissing a cross claim;
  • striking out of a defence; or
  • making a costs order.

If evidence has not been served in accordance with the previous timetable, the court may allow further time for this to occur. 

What Will My LegalVision Team Be Doing?  

Your LegalVision team will be ensuring that all the court orders and decisions have been complied with prior to the pre-trial review. They will also be checking everything and ensuring that the case is ready to proceed to trial. 

Your LegalVision team will also be working to prepare a ‘civil listing advice’ which is a list of the names of each of the witnesses that will be giving evidence at the trial. We will also estimate the time it will take for them to go through questioning. 

We may also attend the pre-trial review or, alternatively, brief a barrister who would attend on our behalf. Following the pre-trial review, we will report back to you about the outcome and any orders or decisions made by the court.

What Do I Need To Do?

If you are at this stage of the proceedings, there are a few things that your LegalVision team may need you to do. This includes:

  1. providing your LegalVision team with instructions;
  2. considering a settlement offer to prevent going through an expensive trial process; and
  3. attending a pre-trial review if you wish.

This article is part of a larger publication on the NSW Local Court Process. To read about the next step in the NSW Local Court process, click here.

COVID-19 Business Survey
LegalVision is conducting a survey on the impact of COVID-19 for businesses across Australia. The survey takes 2 minutes to complete and all responses are anonymous. We would appreciate your input. Take the survey now.

RSVP for our August 26 webinar:
Tips for Managing Your Business' Cash Flow During COVID-19
LegalVision, in partnership with Grant Thornton, is hosting a free webinar to help businesses navigate the cash flow challenges arising from the COVID-19 pandemic. You will learn about the most important business metrics to keep an eye on during COVID-19, how to manage your cash flow and strategies to access cash during an economic downturn. Register for free now.

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.

The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs. For just $199 per month, membership unlocks unlimited lawyer consultations, faster turnaround times, free legal templates and members-only discounts.

Learn more about LVConnect

Silje Andersen-Cooke
Need Legal Help? Get a Free Fixed-Fee Quote

If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below.

  • By submitting this form, you agree to receive emails from LegalVision and can unsubscribe at any time. See our full Privacy Policy.
  • This field is for validation purposes and should be left unchanged.
Our Awards
  • 2019 Top 25 Startups - LinkedIn 2019 Top 25 Startups - LinkedIn
  • 2019 NewLaw Firm of the Year - Australian Law Awards 2019 NewLaw Firm of the Year - Australian Law Awards
  • 2020 Fastest Growing Law Firm - Financial Times APAC 500 2020 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2020 Law Firm of the Year Finalist - Australasian Law Awards 2020 Law Firm of the Year Finalist - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer
Privacy Policy Snapshot

We collect and store information about you. Let us explain why we do this.

What information do you collect?

We collect a range of data about you, including your contact details, legal issues and data on how you use our website.

How do you collect information?

We collect information over the phone, by email and through our website.

What do you do with this information?

We store and use your information to deliver you better legal services. This mostly involves communicating with you, marketing to you and occasionally sharing your information with our partners.

How do I contact you?

You can always see what data you’ve stored with us.

Questions, comments or complaints? Reach out on 1300 544 755 or email us at info@legalvision.com.au

View Privacy Policy