Notice to Insurer

  1. Vehicle case must issue Notice to insurer in common law case
  2. Employee case is optional to issue the Notice
  3. notice to insurer must serve within 7 days after filing (if traffic accident case)

 

Issue Application

Must:

Writ (Court: 1+2)

1. Front Sheet: Claim nature

  •  Nature A : Monetary Claim
  •  Nature B: Personal injuries action

2. Indorsement of Claim - Sample B or C (statement of claim separately)

3. A/S

4. Notes for Guidance

5. Form 16C

Appendix D (fee arrangement) inside the Writ

 

Notice of Check List Review

1. Appendix F (Questionaire for PI) - Blank Form

 

Option:

- Mediation Certificate (Appendix B of Practice Direction 31)

- Statement of Claim + Statement of Truth (admitted liability case, there is not necessary file SOC)

- Statement of Damages + Statement of Truth (HC:  must file with Statement of Claim together)

- Medical Report (HC: After Writ issued, Witness Statement & Medical Report must show the sealed copy Order upon filing)

- Medical Report (HC: admitted liability case : Mark in the Heading : "Filed pursuant to para 53 of P.D. 18.1 of RHC with statement of damages")

- Document to be served pursuant to the PD 18.1 (HC: can't be filed upon issuing Writ, must lodge within 14 days before CLR hearing / DC : can be filed)

- if infant involved, it is necessary to file "Consent to Act as a Next Frient of the Plaintiff" and "Certifcate by Solicitor in Case of a Minor for the Plaintiff".

 

Filing Matter

1. Revised / Amended Statement of Damages can be filed alone without Statement of Claim

 

2.  Set down for Trial

(HC)

 Before Master (if Defendant admitted liability)

  • Appointment letter to parties to fix date
  • Notice of Appointment of Assessment of Damages (sealed copy will be given at filing Counter) + complied with letter + $1045

 

 Before Judge (estimated 3 days or above)

  •  Notice of Setting Down + Application + bundle + complied with letter + $1045
  •  NO Notice of Appointment of Assessment of Damages
  • Notice of fixing date for Trial will be given to parties by Court

 

(DC & ECC)

Before Master (Assessment)

  • Notice of Appointment of Assessment of Damages (just filing, NO hearing given) + $630

Before Judge

  • Application + Notice + $630 (no bundle / letter required)
  • If fixture list case, Plaintiff / Applicant must issue letter to all parties to fix date for PTR & Trial.

 

4. Mediation Minutes

   - HC : Must initial by Judicial clerk at Room 108 before filing

5. Report on Mediation - NO mediation has been conducted

   - HC : Must signed by both parties

   - DC : Signed by Plaintiff

5.1 Report on Mediation: If next hearing before judge, the report should be sent to the Master ordered to mediation.

 

6. Transfer from DC to HC

   - Letter to Court to fix date for checklist (at Room 108B)

   - At the time of fixing date, bring Notice of Checklist Review Hearing and obtain sealed copies for service as well.

 
7. Transfer from HC to DC
   - After received court letter, issue a letter to invent parties to fix date and cc to Court.
   - NO NEED to bring a new Notice of Checklist Review Hearing.
 
8. Amended Consent Order
  • DC: must call file from Registry to Room 617