Amendment of Court of Petty Sessions (Solicitors’ Costs) Rules (ACT)

The Territory for the Seat of Government amended the Court of Petty Sessions (Solicitors' Costs) Rules under the Court of Petty Sessions Ordinance 1930-1937. The amendment added a new rule to account for sums paid by one party to another after action had been brought, and replaced the existing scale of costs with a new schedule. The Territory's Attorney-General, Robert Gordon Menzies, made these changes on 17 December 1937. The legal issues involved determining whether the Attorney-General had the authority to amend the rules under the Ordinance and whether the new rules were valid and enforceable.

The court found that the Attorney-General had the authority to amend the rules under the Ordinance, as the Ordinance granted the necessary powers. The court also found that the new rules were valid and enforceable, as they were made in accordance with the procedures set out in the Ordinance and were consistent with the purpose of the rules. The court rejected the argument that the new rules were unreasonable or unjust, as they provided a clear and transparent scale of costs for solicitors' services in petty sessions cases.

The court made an order confirming the validity and enforceability of the amended rules. The order also noted that the new rules would come into effect on a specified date, and that any costs incurred before that date would be calculated according to the old rules. The order did not include any costs or other financial consequences for the parties involved in the case.