The President of the High Court, Mr Justice David Barniville, has published details about the upcoming Pilot Project for the High Court's long vacation this year in a President's Notice. The Pilot Project follows on from a report of the Judicial Planning Working Group (JPWG) released last year which included the recommendation to stagger the High Court's vacation periods over the months of August and September. The JPWG believes that this change could foster greater flexibility in the courts' service during the Long Vacation.
The President's Notice fleshes out how the Pilot Project may work in practice for this summer. The Project will commence on 1 July 2024 and will run until 27 Septembter 2024. Three lists are involved in the Pilot Project, Family, Non-Jury/Judicial Review/Asylum & Immigration, and Planning & Environment. Five judges will sit in these lists as part of the Pilot Project. These judges will still be able to take a summer break or attend to other judicial duties during July or August. Their regular sitting schedule shall resume on 2 September. All other judges will still operate according to the regular Long Vacation rules in August and September.
Each of the three lists involved in the Pilot Project will have separate arrangements, which are as follows:
- Family – One judge will sit in July while one judge will sit in September. The frequency of the lists in July and September is to be determined. It is likely there will be two Special Care Lists in July, one in August and two in September (all on Thursdays in those months). The Monday Motions/Directions List will be heard on Monday in July but not in September. Short applications and full hearings will be heard in September 2024.
- Non-Jury/Judicial Review/Asylum and Immigration – Two judges will sit these lists in September. Any case or motion lasting two days or less may be listed for hearing in September 2024. Parties will need to have their papers and legal submissions lodged in the List Room by Tuesday, 23rd July 2024, for all four weeks of the September sittings.
- Planning and Environment – One judge will sit this list in July. Two judges will sit in September. It is open currently for parties to apply for hearings in September. Those seeking a hearing should contact the List Registrar. If both parties agree then it is possible to list the hearing without an application. If not, then the matter will need to be determined before a judge. Any directions regarding hearings in September must be followed along with all necessary steps no later than 31 July 2024.
Mr Justice Barniville has said that there will be further consultations with other interested parties and bodies to ensure the Pilot Project procedes “as smoothly, fairly, and efficiently as possible for everyone involved”. The President has also said that while these details are subject to refinement, practitioners who do any work involved with the above 3 lists should plan their summer work around the Pilot Project. Any further details of the Pilot Project will be published in the Legal Diary in due course.
A full copy of the President's Notice is available here.
