I think we are dreaming if we will hear any result from the...

I think we are dreaming if we will hear any result from the court case for some time.

This from the Qld Courts website re: vacated

How can a matter be vacated?

Trial dates can only be vacated by the order of a judge or if the matter has been discontinued. (Knowing the pressure to shut down kingaroy I can't see CXY winning without taking this all the way, also as this has been scheduled for another review, to me that says the matter hasn't been settled - JIMO)

As today was only a review, I am betting on this bit from section 20 below - 20. Parties are expected to attempt to reach agreement about whether and when they should engage in ADR; the form of ADR; and arrangements for undertaking ADR. They should inform the Supervising Judge of any agreement reached; or explain why no agreement has been reached. This should occur by no later than the second review. In the course of ADR, the parties, if they are unable to resolve the action, should attempt to resolve individual issues. (ADR = Alternative Dispute Resolution
Supreme and District Courts - Alternative dispute resolution helps parties (organisations and individuals) to reach a settlement out of court so that the expense, time and conflict of a trial can be avoided.

Alternative Dispute Resolution (ADR) is used in civil cases in both the Supreme and District Courts.

An independent third party can help resolve disputes through ADR. However, involvement in this process does not mean that the parties forgo their right to a trial if the dispute doesn’t settle.)

This next bit all about the review process. . .

Reviews: subject matter
16. Reviews will usually deal with the following matters (in a sequence appropriate for the individual case):-
(a) parties;
(b) pleadings, including particulars;
(c) disclosure;
(d) ADR;
(e) whether any issue should be determined before the trial of other issues (early
determination of an issue);
(f) expert evidence;
(g) trial arrangements (including trial plans, ways of giving evidence, and proof of
documents);
(h) the date for any further review.
17. At an early stage, the parties should address the question whether all appropriate parties have been joined in the action. The attention of the parties is particularly drawn to the provisions of the Civil Liability Act 2003 (Qld), for a case involving an apportionable claim.
18. At an early stage, the parties should identify and attempt to resolve any challenge relating to the adequacy of the pleading of another party, and any difficulty relating to particulars.
19. Where the parties have not agreed on a document plan pursuant to Part 4 of PD 10 of 2011 before the matter is placed on the Supervised Case List, they are to proceed in accordance with the D M Guidelines. Any necessary directions are to be sought from the Supervising Judge at a review. Where the parties have agreed on a document plan pursuant to Part 4 of PD 10 of 2011 before the matter is placed on the Supervised Case List, they may nevertheless be directed to proceed in accordance with the D M Guidelines.
20. Parties are expected to attempt to reach agreement about whether and when they should engage in ADR; the form of ADR; and arrangements for undertaking ADR. They should inform the Supervising Judge of any agreement reached; or explain why no agreement has been reached. This should occur by no later than the second review. In the course of ADR, the parties, if they are unable to resolve the action, should attempt to resolve individual issues.
21. Where a party considers that early determination of an issue is appropriate, it should so advise the other parties, and inform the Supervising Judge at the next review.

22. Once a party recognises that it is likely that expert evidence will be required in respect of an issue in the case, that party should notify all other parties of the area of expertise. The Supervising Judge should also be informed at the next review.
23. The parties should attempt to reach agreement, and if necessary seek directions, about the following matters in relation to expert evidence:-
(a) whether it is appropriate to appoint a joint expert in respect of one or more of
the issues in the case, and if so, the arrangements for the appointment of such an expert (relevant considerations include whether the evidence primarily involves compilation and/or calculation; the value of the issue to which the evidence relates; and the resources of the parties);
(b) steps to be taken under the Expert Conference Guidelines.
24. Where directions are made for experts to prepare a joint report, they should usually include a direction that an expert is not to give evidence which is materially different from any view expressed by the expert in a joint report, without the leave of the Court. A party proposing to apply for leave should give notice forthwith to all other parties, together with an explanation of the reason for the application; and should inform the Associate of the application.



My Sentimate is buy under .007c