Court Procedures Amendment Rules 2011 (No 1) (ACT)

Court Procedures Amendment Rules 2011 (No 1)

Subordinate Law SL2011-6

We, members of the rule-making committee, make the following rules of court under the Court Procedures Act 2004, section 7.

Dated 22 February 2011.

T J Higgins	J Burns
Chief Justice	Chief Magistrate
M F Gray	R Refshauge
President of the Court of Appeal	Judge

Court Procedures Amendment Rules 2011 (No 1)

Subordinate Law SL2011-6

made under the

Court Procedures Act 2004

Contents

Page

1. Name of rules  1

2. Commencement  1

3. Legislation amended  1

4. Rule 4733 (k)  1

5. Rule 4735  1

6. Rule 6601A  3

1. Name of rules

   These rules are the Court Procedures Amendment Rules 2011 (No 1).

2. Commencement

   These rules commence on 1 March 2011.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   These rules amend the Court Procedures Rules 2006.

4. Rule 4733 (k)

   substitute

   (k)appoint the sittings when the trial will be listed for hearing; and

   (l)give any other directions that the court considers appropriate.

5. Rule 4735

   substitute

6. Supreme Court criminal proceedings—completion of pre‑trial questionnaire

   (1)After the pre-trial questionnaire is completed by the accused person or the person’s solicitor, and filed in the court, the registrar—

   (a)if the registrar considers that the matter may need to be listed for further case management before the registrar—must set a date for a directions hearing before the registrar, and tell the parties the date; or

   (b)in any other case—may set a date for arraignment of the accused person before the court, and tell the parties the date.

   (2)In considering whether a matter needs to be listed for further case management, the registrar—

   (a)may ask the parties to give the court any further information about the matter the registrar considers necessary; and

   (b)must have regard to the following:

   (i)the parties’ answers in the questionnaire;

   (ii)any other documents filed in the proceeding;

   (iii)any other information given by a party to the court.

4735ASupreme Court criminal proceedings—registrar’s directions hearing

(1)At a directions hearing under rule 4735, the registrar may—

(a)give directions about matters raised in the pre-trial questionnaire, including a direction that the matter be listed before a judge; and

(b)ask the parties about the length of the trial; and

(c)consider whether it is appropriate for the matter to be dealt with as a reserve trial and, if so, give appropriate directions; and

(d)set a date, at least 14 days after the date is set, for arraignment of the accused person before the court; and

(e)adjourn the directions hearing to another date.

(2)The registrar may refer a matter to a judge, if a party does not comply with directions made by the registrar or the court.

1. Rule 6601A

   substitute

6601AIssuing subpoena to produce—originating claim

(1)This rule applies to a proceeding started by—

(a)originating claim; or

(b)originating application, if the court has ordered that the proceeding continue as if started by originating claim; or

(c)an application for arbitration under part 3.13 (Workers compensation).

(2)An issuing officer must not issue a subpoena to produce in the proceeding without the court’s leave unless—

(a)the certificate of readiness has been filed in the proceeding; or

(b)the court has waived the requirement to file a certificate of readiness in the proceeding; or

(c)a date for trial has been set for the proceeding.

(3)Subrule (2) does not apply to a subpoena in a proceeding under part 3.13 that is addressed to a party to the proceeding.

6601BIssuing subpoena to produce—originating application

(1)This rule applies to a proceeding—

(a)started by originating application; or

(b)started by originating claim, if the court has ordered that the proceeding continue as if started by originating application.

(2)An issuing officer may issue a subpoena to produce in the proceeding at any time unless the court otherwise orders.

Endnotes

1. Notification

   Notified under the Legislation Act on 28 February 2011.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2011