(1)  Unless a judge has already commenced a directions hearing, the Principal Registrar is to give notice to the parties of a directions hearing before a judge in the following cases:

(a) an action within rule 414(a) , on the filing of a defence;

(b) an originating application within rule 414(a) , on the first filing of an affidavit, other than an affidavit of service;

(c) a proceeding within rule 414(e) , on the making of the request to the Principal Registrar.

(2)  The purpose of a directions hearing is to eliminate any lapse of time from the commencement of a proceeding to its final determination beyond that reasonably required for pleadings, affidavits, discovery and other interlocutory matters essential to the fair and just determination of the issues in contention between the parties and the preparation of the case for trial.

(3)  Without affecting the generality of subrule (2) , the judge may make an order with respect to any one or more of the following:

(a) the simplification or more adequate definition of issues;

(b) the amendment of pleadings;

(c) admissions of fact and documents;

(d) any matter which may reduce the costs of a witness attending;

(e) limiting the number of expert witnesses;

(f) any application made by a party;

(g) a timetable;

(h) times for the delivery of statements of expert evidence and for production of plans, photographs and devices in which sounds, data or visual images are embodied;

(i) modes of proof;

(j) proof of business records to be produced under section 40A or 40C of the Evidence Act 1910 ;

(k) the trial of an issue of fact before any other;

(l) the determination of a point of law before trial;

(m) the preparation and settlement of issues;

(n) the settlement of issues to be tried by way of substitution or addition to those appearing in the pleadings;

(o) the revocation or variation of a previous order made on the directions hearing;

(p) the participation of the parties in mediation under Part 20 ;

(q) the variation of any provision of these rules on their application to the proceeding.

(4)  A directions hearing may be adjourned from time to time until the conclusion of the proceeding.

(5)  A judge may –

(a) direct that a directions hearing be held by telephone, video link or other means; and

(b) give directions as to the manner in which such a hearing is to be conducted and the persons who are to attend it.

(6)  Subject to subrule (7) , when a directions hearing has commenced every interlocutory application is to be made under it by letter to the Principal Registrar and the other party stating the order or direction sought.

(7)  Subrule (6) does not apply to the following types of application:

(a) for an injunction;

(b) for the appointment of a receiver;

(c) for judgment in default of defence under Division 2 of Part 11 ;

(d) for judgment under Division 3 or 4 of Part 11 ;

(e) to set aside any proceeding;

(f) to stay proceedings absolutely;

(g) to dismiss or discontinue an action;

(h) to transfer an action to an inferior court of civil jurisdiction;

(i) for the issue of a writ of attachment;

(j) for the committal of any person.

(8)  At a directions hearing –

(a) subject to paragraph (d) , a party and the solicitor or counsel for a party are to give any information and produce any documents the judge reasonably directs; and

(b) the judge may authorise information to be given or a document to be produced by a party under paragraph (a) without it being disclosed to another party; and

(c) if a direction under paragraph (a) is not complied with, the judge may cause the facts to be recorded in an order and those facts may be relied on at trial for the making of a special order as to costs; and

(d) any thing that is privileged from disclosure is not required to be given or produced otherwise than with the consent of the person having the benefit of that privilege.

(9)  An affidavit is not to be used on a directions hearing, except by order of the Court or a judge.