Amendments of the Court of Petty Sessions Rules (ACT)

Regulations 1977 No. 7

Rules under the Court of Petty Sessions Ordinance 1930.*

I, R O B E R T J A M E S E L L I C O T T , the AttorneynGeneral of the Commonweal th

of Australia, hereby make the following Rules under the Court of Petty	Sessions
Ordinance	1930.

Dated this thirtieth day of March , 1977.

R. E L L I C O T T

Attorney-General .

A M E N D M E N T S OF THE COURT OF PETTY SESSIONS R u L E s f

1. (1) T h e provisions of Rule 30 of the Court of Petty Sessions Rules, as amended by these Rules, with respect to the amount of solicitor's costs to be entered on a default summons apply to and in relation to a summons issued on or after 1 April 1977.

(2 ) Notwithstanding the amendments effected by these Rules, the provisions of Rule 30 of the Court of Petty Sessions Rules, as in force immediately before the commencement of these Rules, with respect to the amount of solicitor's costs to be entered on a default summons continue to apply to and in relation to a summons issued on or before 31 March 1977, being a summons issued for an amount of $1,000 or less.

(3 ) T h e provisions of Rule 30 of the Court of Petty Sessions Rules, as amended by these Rules, with respect to the amount of solicitor's costs for which judgment shall be given apply to and in relation to judgment entered in respect of a complaint made on or after 28 March 1977.

(4 ) Notwithstanding the amendments effected by these Rules, the provisions of Rule 30 of the Court of Petty Sessions Rules, as in force immediately before the commencement of these Rules, with respect to the amount of solicitor's costs for which judgment shall be given apply to and in relation to judgment entered in respect of a complaint made on or before 27 March 1977.

1965, N o . 9; 1967, N o . 2; 1968, N o . 9; 1969, No . 4; and 1970, No . 7.

2 . (1) Rule 30 of the Cour t of Petty Sessions Rules is amended by omitting the scale in sub-rule (1 ) and substituting the following sca l e :—

On On

Subject Matter Summons Judgment

$ $

Where the subject matter does not exceed $500	25.00	17.50
Where the subject matter exceeds $500 but does not exceed $1,000	32.50	22.50
Where the subject matter exceeds $1,000	40.00	27.50

* Notified in the Australian Government Gazette on 31 March 1977.

t For reference to the original Rules and amendments made before 1960 see footnote on p. 228 of Vol. I l l of

• 'Laws of the Australian Capital Territory 1911-1959 ". For later amendments see Regulations 1960, No . 7-

(2 ) Rule 30 of the Cour t of Petty Sessions Rules is amended by omitting

sub-rule ( 2 ) and substituting the following sub- ru le :—

" ( 2 ) W h e r e —

(a ) a default summons was served outside the Terr i tory; and

(b ) an order is made by the Court for leave to proceed in the action,

the additional amount of solicitor's costs for which judgment shall be given in

accordance with sub-rule (1) shall be increased by an amount of $10.".