In preparation for a civil trial, a number of documents need to be prepared in relation to the issues in dispute and the identity of all relevant parties to the proceeding, including witnesses and experts. This is in addition to a range of documents required by the court rules prior to a trial, including pleadings, discovery materials, subpoenas and outlines of submissions.
Where there are deficiencies in the preparation or production of such documents, a party may seek to adjourn or vacate a trial date on the basis that they require further time to adequately prepare for the hearing. However, a party’s alleged inability to prepare for trial must be weighed against the prejudice it would cause to another party if an order delaying or vacating the trial was to be made.
Further, in some circumstances, the delay of a trial date in relation to a lengthy and costly legal proceeding may cause significant injustice to another party who is ready and willing to proceed.
Finkelstein J’s statement above is a compelling authority for a party seeking to resist an application to vacate a trial date because it confirms the courts’ willingness to ensure practitioners abide by their civil obligations to ensure disputes are resolved as quickly, efficiently and fairly as possible. In light of the backlog of civil cases caused by the COVID pandemic, the courts are commonly referring to such authorities in favour of trials proceeding as scheduled.
In the balance of this article, we summarise some of the grounds which parties commonly purport to rely upon when applying to vacate a trial date, and what you can do to oppose these arguments.