The Federal Court issued a Practice Notice today regarding informal requests for interlocutory requests such as extensions or abridgement of time, leave to amend pleadings or the style of cause, bifurcation, and other procedural matters on consent. The Notice sets out the requirements for such requests by way of letters, in place of formal motion records.
The Notice (pdf) states that the letter must:
a) confirm that all parties either consent to the request or do not oppose the request;
b) set out all facts relevant to the request;
c) provide the parties’ submissions relevant to the request; and
d) include a recital of the exact relief sought by the parties and attach a draft order.
The Notice requires that the requesting party must clearly indicate the position of the other parties (consent or no opposition) since hte Court will not infer the position of the other parties. The Notice also reminds parties that for matters that are case managed, the Court may require parties to requisition a case management conference before bringing any motion.