District Court Act 1973 District Court Rule (Appeal Listings) 1998 (1998-729) [GG No 180 of 31.12.1998, p 10382] (NSW)

1998 No 729

New South Wales

District Court Rule (Appeal Listings)

1998

under the
District Court Act 1973

The District Court Rule Committee made the following rule of court under the District Court Act 1973 on 10 December 1998.

J G Cowen

Secretary to the Committee

Explanatory note

The object of this Rule is to amend Part 6 of the District Court Rules 1973 to enable statutory appeals lodged with the District Court to be listed immediately for call-over and case management by the Court.

Published in Gazette No 180 of 31 December 1998, page 10382 Page 1

1998 No 729

Clause 1 District Court Rule (Appeal Listings) 1998

District Court Rule (Appeal Listings) 1998

1    Name of Rule

This Rule is the District Court Rule (Appeal Listings) 1998.

2    Commencement

This Rule commences on 15 January 1999.

3 Amendment of District Court Rules 1973

The District Court Rules 1973 are amended as set out in
Schedule 1.

4    Notes

The explanatory note does not form part of this Rule.

1998 No 729

District Court Rule (Appeal Listings) 1998

Amendment	Schedule 1
Schedule 1	Amendment

(Clause 3)

Part 6, rule 11A

Insert after Part 6, rule 11:

11A Listing of appeals

(1)

Subject to any order of the Court, a call-over of appeals is to be held on such day or days as the registrar directs.

(2)

At the call-over of an appeal, the registrar:

(a)	must, if satisfied that the appeal is ready for hearing, set it down to be heard, and
(b)	may, if not satisfied that the appeal is ready for hearing, on terms adjourn the appeal to another date for call-over, or strike the appeal out of the list of appeals awaiting hearing.

(3)

Unless the Court otherwise orders, if the registrar at a proclaimed place other than Sydney sets an appeal down to be heard he or she must set it down to be heard at the next convenient sittings of the Court at that proclaimed place.

(4)

If an appeal is struck out under subrule (2) (b), the Court may, on terms, restore the appeal to the list of appeals awaiting hearing and make such orders as to costs and the continuance of the appeal as to the Court seem proper.

(5)

The provisions of this rule apply subject to the
provisions of rule 12.