Amendment of Court of Petty Sessions Rules (ACT)

THE TEBRITORI FOR THE SEAT

OF GOVERNMENT.

Court of Petty Sessions Ordinance 1930-1932,

J O H N G R E I G LATHAM, the Attorney-General of the Common-

I Court of Petty Sessions Ordinance 1930-1932, do hereby make the , wealth,. lit pursuance of the powers' conferred upon me by the

following Rules tinder the said Ordinance to come into ' operation forthwith.	v
•• Dated this 26th day of November, 1932.

... „ • • . J . G . L A T H A M

Attorney-General.

AMENDMENT OF COURT OF PETTY SESSIONS PLUSES.

•1.. After Part X V I I I . of the Court of Petty Sessions Rules the

. following Parts are inserted:—

" P A R T X V I I I A . — S E R V I C E OE FOREIGN DOCUMENTS.

Service of

97A. Where, in connexion with any civil or commercial cause or matter ponding before, a Court or Tribunal in any foreign country which is a party to a Convention'' regarding Legal Proceedings in Civil and Commercial Matters which has beeu extended to the Commonwealth, a request for service of any document on a person in the Territory for the Seat .of Government is received by the Clerk of the Court of Petty Sessions from the Consular or other authority of such country, the following procedure shall, subject-to any special provisions contained in- the Convention, be adopted :-—

doonmenta.

." (1) The service shall bo effected by such person; as the Magis- trate from time to time appoints for that purpose, or by the authorized agent of that person, by delivering to 'and. leaving with the person to be served the original document or a copy of that document, as indicated ,in the Request, and one copy of the translation thereof,

. in accordance with the Rules and Practice of the Court of Petty Sessions regulating the service of process,

(2) No Court fees shall 'be charged for the service, but thee

• "	particulars of the charges of the person or agent employed
' .	to effect sei'viee shall be submitted to the Clerk of the Court of Potty Sessions who ,shall certify the amount
property payable in respect thereof.' : ' ' •-''—•'•'• •• ••'j'tiv^i

(3) The Clerk shall transmit tos t h e , Attorney-General for transmission .to the Consular or other authority making . the request a certificate establishing the fact and the date of the service, or indicating the reasons why it has not been possible to. effect it, and a statement of the amount of the charges properly payable certified in accordance with paragraph (2) of this Rule.

P A R T X ' V I I I B . — O B T A I N I N G EVIDENCE FOR FOREIGN TRIBUNALS.

9 7 B . — ( 1 . ) Whore, in pursuance of any Convention regarding Legal obtaining

Proceedings in Civil and Commercial Matters to which the Common- foreign* 0I	wealth is a party, it is made to. appear to the Magistrate by Letters t r ibunals-
of Request, or such other evidence as the Magistrate may require, that ," a judicial authority in any other country which is a par ty _to. the said Convention is desirous of obtaining, for the purposes of any pause or matter which is pending before that authority, the testimony of any witness or witnesses within the Territory, the Magistrate may, on the ex. parte application of any person shown to be duly authorized to make the application and on production of the Letter of Request- or upon applicat ion 'made in such other manner as is provided in the Convention, make such order or orders as may be necessary to give effect to the intention of the Convention.
(2.) An order made under the last preceding paragraph shall be in accordance with Form 20, with such variations as circumstances may
require.' ' ,
(3.) The examination may be ordered to be taken before any fit and propei; person ^jiominated by- the person applying, or before an Officer of the Court, or such other qualified person as to the Magistrate ' may seem fit.
(4.) Unless otherwise provided in the Order for Examination, the person before whom the examination is taken shall, on its completion, forward the same to the Clerk of the Court and on receipt thereof the Clerk shall append thereto a Certificate in accordance with Form 21, with such variations as circumstances may require, and shall forward the depositions so certified, and the Letter of Request, if any, to the Attorney-General for transmission to the judicial authority desirous of obtaining the said testimony in accordance with' tho terms of the
Convention. •'• - .
(5.) An Order made under paragraph (1.) of this Rule may, if the Magistrate thinks fit,. direct the said examination to bo taken in such manner as may be requested by the Letter of Request from tho foreign judicial authority, or therein signified, to be in accordance with the practice or requirements of that judicial authority, or which may, for the same reason, be requested by the applicant for the Order, but in- the absence of any such special directions, tho examination shall be taken in the manner prescribed by the Ordinance and the Rules and Practice of the Court in relation to civil proceedings.
• (6.) Where a-Letter of Request is transmitted to the' Court with an intimation- that it is desirable that effect should be given to the same without requiring an application to the Court by the agents of any of the parties to tha action or matter in. the foreign country, the
thereupon, with . the consent of the Attorney-General, make such Gle^k shall transmit the same to the Crown Solicitor who may application and take such steps as may he necessary t o ' give effect
to the Letter of Request in accordance with these Rules.

,2. .After Form 19 in the Firs t Schedule to the Court of Pet ty Forms 20 and

Sessions Rules the following forms are inserted:—

FORM 20.

Court of Petty /Sessions Ordinance 1930-1932.

Territory for the Seat- of Government.

Court of Petty Sessions.

To wit. "

In the matter of a (Civil or Commercial) proceeding now pending .before

[descrwtioii of Foreign Tribunal], •

Between:

. " . - Plaintiff

and ej

Defendant.

Upon reading the affidavit (if any) of

filed the day of

19 , and the certificate of [nwtne and des.ci:ipiion, as Ambassador, Minister,

Diplomatic Agent or Consul of the Foreign "Country] tha t proceedings are pending in the [Description of Foreign Tribunal] in [name of. Foreign Country] and that such Court is desirous of obtaining, the _ testimony of [names of witnesses]:

I t is ordered that the said witness {or witnesses) do attend before [name and
address of exfrnvmer], who is hereby appointed examiner herein, at [place

appointed for examination] on the day

of , 19 at

o'clock, or such other day and time as the said examiner may appoint, and do there submit to be examined upon oath, or affirmation, touching the testimony so required as aforesaid, and do then and there produce [description of documents, if any, required to oe produced].

And it is further ordered that the said examiner do take down in writing the evidence of the said witness {or witnesses) according to the Rules and Practice of the Court of Petty Sessions pertaining to the examination and cross-examination of witnesses [or as may. he otherwise directed]; and do cause each and every such witness to sign his or her depositions in his, the said examiner's presence; and do sign the depositions taken in pursuance of this order, and when so completed, do transmit the same, together with this order, to the Clerk for transmission as provided.

Dated this

day of _ , 19 . .
Magistrate.

FORM 21.

I, . , Clerk

of the Court of Petty Sessions of the Territory for the Seat of Government of the Commonwealth of Australia, hereby certify that the documents annexed hereto are (1) the original order of the Court of Petty Sessions, dated

the	19	,
made in the matter of	pending
in the

at	in the
of	directing |the
examination of certain witnesses to be taken before

; and (2) the examination and depositions

taken by the said pursuant

t̂ > the said order, and duly signed and completed by him on the	day of
19

Dated this

day of 19

Clerk of Petty Sessions.