Amendment of the Court of Petty Sessions Rules (ACT)

AUSTRALIAN CAPITAL TERRITORY.

Regulations 1958. No. 9.

Rules under the Court of Petty Sessions

Ordinance 1930-1958.*

, pursuance of the powers conferred by the Court of Petty Sessions Ordinance 1930-1958, hereby make the following Rules. I NEIL O'SULLIVAN, the Attorney-General of the Commonwealth, in

Dated this twenty-fourth day of July, 1958.

NEIL O'SULLIVAN,

Attorney-General.

AMENDMENTS OF THE COURT OF PETTY SESSIONS RULES. t

1. Rule 2 of the Court Of Petty Sessions Rules is repealed and the following rule inserted in its stead:—

" 2. These Rules are divided into Parts, as follows:— Pa r t a

Part	I.—Preliminary (Rules 1-3).
Part	II.—Title of Proceedings (Rule 4 ) .
Part	III.—Offices (Rules 5-12).
Part	IV.—-Parties (Rules 13-16).
Part	V.—Appointment of Guardian ad litem (Rules 17-23).
Part	VI.—Default Summons and Service (Rules 24-32).
Part	VII.—Discontinuance, Confession, Admission and Pay-

6260/57.—PRICE 3D.

ment into Court (Rules 33-51).

Part	VIII.—Special Defence (Rules 52-53).
Part	IX.—Change of Parties (Rules 54-58).
Part	IXA.—Recording of Depositions (Rules 5 8 A - 5 8 E ) .
Part	X.—Examination de Bene Esse (Rules 59-66).
Part	XI.—Proceedings under Acts of New South Wales Continued in Force as Laws of the Territory (Rule 67).
Part	XII.—Fees and Witnesses' Expenses (Rules 6 8 - 6 8 A ) .
Part	XIII.—Motions (Rules 69-70).
Part	XIV.—Securities (Rules 71-72).
Part	XV.—Amendment (Rules 73-77).

* Notified in the Commonwealth Gazette on 31st July, 1958.

t For references to the Commonwealth Gazettes in which the original Rules and amending Rules made before 1939 were notified, set footnote (a) on p. 316 of Vol. II. of "Laws of the Australian Capital Territory 1911-1938" and for later amendments, see Regulations 1950, No. 2; and 1953, No. 15.

Part	XVI.—Affidavits (Rules 78-81).
Part	XVII.—Enforcement of Orders (Rules 82-92).

Part XVIII.—Attachment of Debts and Imprisonment of

Fraudulent Debtors (Rules 93-97).

Part XVIIIA.—Service of Foreign Documents (Rule 9 7 A ) .

Part XVIIIB.—Obtaining Evidence for Foreign Tribunals (Rule

9 7 B ) .

Part XIX.—Miscellaneous (Rules 98-99).".

2. Rule 30 of the Court of Petty Sessions Rules is repealed and the following rule inserted in its stead:—

Costs. " 30. The amount of solicitor's costs to be entered on a default summons and the additional amount of solicitor's costs for which judgment shall be given where judgment is entered pursuant to the non-entry of a defence to a default summons are the appropriate amounts shown in the following scale:—

£ £ £ £

Where the subject matter exceeds	. .	10	30	100
But does not exceed	10	30	100	200

£ s. d. £ s. d. £ s. d. £ s. d.

Costs to be entered on a default sum-

mons 1 13 4 2 2 0 3 3 0 5 5 0

Additional costs for which judgment

shall be given where judgment is
entered pursuant to the non-entry

of a defence to a default summons 1 1 0 1 13 4 2 2 0 3 3 0 " .

3. After Part IX. of the Court of Petty Sessions Rules the following Part is inserted:—

" PART IXA.—RECORDING OF DEPOSITIONS.

Notation of	" 58A. Where the Court has directed that the depositions of a witness the transcript of the depositions as so recorded.
direction to
record	be recorded by one of the means specified in sub-section (2.) of section
depositions.	60 of the Ordinance, the Clerk shall make a notation of the direction upon

Transcript to	" 58B . The Clerk shall cause the transcript of the depositions of a wit- ness recorded by one of the means specified in sub-section (2.) of section 60 of the Ordinance to be prepared in triplicate, either during the con- tinuance of the hearing, or as soon as practicable after the conclusion of the hearing.
be prepared
in triplicate.
Transcript to	" 58c. A transcript of the depositions of a witness prepared in pursuance
be certified as
correct.	of the last preceding rule shall be certified as correct by the person making the transcript.
Transmission of	" 58D. Upon lodgment with the Clerk of a notice of intention to appeal by one of the means specified in sub-section (2.) of section 60 of the Ordinance, transmit the transcript of the depositions to the Registrar of the Supreme Court.
transcript to
Registrar when	to the Supreme Court, the Clerk shall, where the depositions were recorded
notice of
appeal given.
Depositions to	" 58E . Depositions of witnesses, recorded by any of the means specified
be records of
the Court.	in sub-section (2.) of section 60 of the Ordinance, are records of the Court and the records of those depositions shall be in the custody of the Clerk.".
4. The Third Schedule to the Court of Petty Sessions Rules is repealed The Third

and the following Schedule inserted in its stead:— Schedule.

THE THIRD SCHEDULE. Rule 68A.

WITNESSES' EXPENSES.

Allowance per day.

s. d. £ s. d.

1. Professional men, including—

Medical Practitioners
Legal Practitioners

Architects
Engineers or Surveyors

Dentists	. 3	3 0 to 15 15 0
Veterinary Surgeons University Professors Accountants (carrying on business as principals) Patent Attorneys

2.  Graziers

Merchants 3 3 0 to 15 15 0

Bankers ;}

3. Other adult witnesses, whether male or female . £1 10s. or the amount
of the salary or
wages actually lost

by the witness,

whichever is the

greater, but not

exceeding £5

4. Persons under 21 years of age not in receipt of salary or The amount of any loss in respect of which the Magis-

wages

trate thinks the

witness should be

indemnified, but

not exceeding £3

5. Persons under 21 years of age in receipt of salary or wages £1 or the amount of

salary or wages

actually lost by the witness, whichever is the greater, but not exceeding £3

6. Where a witness attends in more than one action or matter,

a proportionate part only of his expenses may be allowed 7. A witness shall be deemed to be a country witness if he does not reside within five miles of the place at which he gives evidence, or if he does not ordinarily proceed to an office or place of employment which is within five miles of that place. in each action or matter.

8. In addition to the above allowances, a country witness may be allowed such sum as the Magistrate thinks reasonable to provide for actual expenses of conveyance to and from the place at which he gives evidence, also a reasonable amount for maintenance or sustenance.

9. The Magistrate may also allow such amount as he thinks reasonably and properly incurred and paid to a witness for qualifying to give skilled evidence.

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.