Rule 15 - Fast Track Litigation

Rule 15-1 is a fast track rule for proceedings that may be litigated in three days or less, where the claim is for $100,000 or less, or by consent. It incorporates elements of previous Rules 66 and 68. Rule 15-1 does not apply to family law proceedings.

Any party to a proceeding may trigger the fast track provisions under Rule 15-1 by issuing a notice of fast track Action in Form 61.

The regular document discovery procedure under Rule 7-1 applies to fast track litigation.

Examinations for discovery are limited in fast track litigation. Each party may be examined for discovery by other parties for a total of 2 hours and such discovery must be completed no less than 14 days before the trial date.

Jury trials are not permitted in fast track proceedings: Rule 15-1(10).

Under Rule 15-1 parties may make the usual applications pursuant to Rule 7-1 to seek documents from the opposite party or third parties, but, according to Rule 15-1(7), applications supported by affidavit evidence are not permitted until a case planning conference has been held.

Although this restriction does not apply only to fast track proceedings, it is worth noting that interrogatories, which are a type of written discovery questions regulated by Rule 7-3, may only be used if the party to be examined consents or the court orders that the interrogatories be answered (Rule 7-3(1)).