Court Procedures Amendment Rules 2020 (No 3) (ACT)

Court Procedures Amendment Rules 2020 (No 3)

Subordinate Law SL2020-20

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

Dated 10 June 2020.

Helen Murrell	Lorraine Walker
Chief Justice	Chief Magistrate
Michael Elkaim	Peter Morrison
Judge	Magistrate

Court Procedures Amendment Rules 2020 (No 3)

Subordinate Law SL2020-20

made under the

Court Procedures Act 2004

Contents

Page

1            Name of rules  1

2            Commencement  1

3            Legislation amended  1

4            Division 6.8.12 heading, new notes  1

5            Schedule 4, rule 4.12  2

6            Schedule 4, part 4.2, items 22 to 27  2

7           Schedule 4, part 4.2, items 31 and 32  2

1. Name of rules

   These rules are the Court Procedures Amendment Rules 2020 (No 3).

2. Commencement

   These rules commence on 1 July 2020.

   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. Division 6.8.12 heading, new notes

   before the note, insert

   Note 1This division forms part of a scheme to implement Australia’s obligations under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Under the Convention, the Commonwealth Attorney‑General’s Department is designated as the central authority (under the Convention, article 2) and certain courts and government departments are, for certain purposes, designated as ‘other’ or ‘additional’ authorities (under the Convention, article 18).

   Note 2This division provides (in sdiv 6.8.12.2) for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and (in sdiv 6.8.12.3) for default judgment in proceedings in the court after service overseas of such a document. Subdivision 6.8.12.4, on the other hand, deals with service by the court or arranged by the court, in its role as an other or additional authority, of judicial documents emanating from overseas Convention countries.

   Note 3Information about the Hague Convention, including a copy of the Hague Convention, a list of all Contracting States, details of declarations and reservations made under the Hague Convention by each of those States and the names and addresses of the central and other authorities of each of those States, can be found at the website of the Hague Conference on Private International Law.

5. Schedule 4, rule 4.12

   substitute

4.12Costs—transitional

(1)In this rule:

commencement day means the day the Court Procedures Amendment Rules 2020 (No 3), rule 6 commences.

(2)A solicitor is entitled to charge and be allowed the costs set out in this schedule for work done or services performed on or after the commencement day.

(3)However, if work done or services performed by a solicitor after the commencement day was assessed before the commencement day, rule 4.12 as in effect immediately before the commencement day continues to apply to the work and services.

(4)Rule 4.12 as in effect immediately before the commencement day continues to apply to work done or services performed by a solicitor before the commencement day.

1. Schedule 4, part 4.2, items 22 to 27

   substitute

22 by attendance (including travel and waiting time)—     (a)     by a solicitor; or     (b)     by a clerk 26.73 9.36 per 6 minutes per 6 minutes

1. Schedule 4, part 4.2, items 31 and 32

   omit

Endnotes

1. Notification

   Notified under the Legislation Act on 11 June 2020.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2020