Applications to vacate or adjourn hearing dates in the District Court

08/12/2016

There has been a recent significant increase in applications to vacate or adjourn hearing dates in the District Court. Such applications are being brought either very close to the hearing date in question or on the day that the hearing is due to commence and where the matter was set down for hearing many months previously. A substantial number of these applications are made because of a failure to properly prepare the matter for hearing and often in circumstances where one or more of the parties are in breach of court orders.

As set out in the standard orders made when matters are set down for hearing, adjournments of hearings will only be granted in exceptional circumstances. Subject to sections 56 – 60 of the Civil Procedure Act 2005, practitioners are advised that a failure to properly prepare a matter for hearing will not be regarded as constituting an exceptional circumstance. The standard orders are amended as of 6 December 2016 to make this clear.