High Court Rules (Amendment) (Cth)

JUDICIARY ACT.

 

HIGH COURT RULES.

 

Statutory Rules 1961, No. 19.(a)

 

After Order 67, the following Order is inserted:—

“ORDER 67a.

“Special Cases under the Matrimonial Causes Act 1959.

Interpretation

“1.—(1.) In this Order—

‘opposite party’, in relation to a special case, means a party to the case other than the party having the carriage of the case;

‘special case’ means a special case slated for the opinion of the Court under section 91 of the Act;

‘the Act’ means the Matrimonial Causes Act 1959.

“(2.) Subject to the next succeeding sub-rule, the party to proceedings under the Act who wished to have the question of law to which a special case relates determined by the Court is, for the purposes of this Order, the party having the carriage of the special case.

“(3.) Where two or more parties to proceedings under the Act wished to have the question of law to which a special case relates determined by the Court—

(a) if those parties included the petitioner in the proceedings—the petitioner;

(b) if those parties did not include the petitioner in the proceedings but did include the respondent in the proceedings—the respondent; or

(c) in any other case—the party to the proceedings (being a party who wished to have the question of law so determined) specified by the Registrar,

is, for the purposes of this Order, the party having the carriage of the special case.

“(4.) Where the Registrar specifies a party under the last preceding sub-rule, the Registrar shall give notice accordingly to the party so specified.

Application

“2.—(1.) This Order applies to special cases stated for the opinion of the Court under section 91 of the Act.

“(2.) Subject to this Order, the provisions of the other Orders of these Rules apply, so far as is practicable, to special cases.

 

(a) Made under the Judiciary Act 1903-1960 on 24th January, 1961; notified in the Commonwealth Gazette on 9th February, 1961.

 

Registrar to give notice of receipt of special case.

“3. Where a special case is received at a Registry, the Registrar of the Registry shall give notice of its receipt to the party or parties who wished to have the question of law to which the case relates determined by the Court

Preparation of transcript.

“4.—(1.) Forthwith after a Registrar has given a notice under the last preceding rule, the party having the carriage of the special case shall cause to be prepared a transcript containing—

(a) a copy of the special case;

(b) the documents, if any, transmitted to the Court with the case in pursuance of sub-section (1.) of section 91 of the Act; and

(c) an index,

“(2.) A transcript shall be prepared in like manner and form as is required in the case of transcripts under Order 70,

“(3.) The transcript shall be settled by the Registrar of the Registry at which the special case was received.

Setting special case down for hearing.

“5.—(1.) The party having the carriage of the proceedings shall set the case down for hearing at the next available sittings of the Full Court at the place where the Registry is situated at which the special case was received; and in default of his doing so before the commencing day of that sittings the Registrar may if he thinks fit set it down of his own motion.

“(2.) For the purposes of the last preceding sub-rule, a sittings of the Full Court is not an available sittings for the hearing of a special case unless there are at least fourteen clear days between the day on which the stated case is received at the Registry and the commencing day of that sittings of the Full Court.

“(3.) The Court or a Justice may direct that a special case shall be heard at a sittings of the Full Court appointed to be held at a place other than that at which the special case has been set down for hearing.

“(4.) The party having the carriage of the proceedings shall serve notice on the other party or parties of the setting down of the case.

Copy of transcript to be lodged.

“6.—(1.) Unless the Court or a Justice otherwise orders, not less than seven days before the commencement of the sittings at which a special case is set down for hearing, the party having the carriage of the special case shall lodge in the Registry such number of copies of the transcript as the Registrar specifies for the use of the Justices upon the hearing of the case and shall serve upon the opposite party, or upon each of the opposite parties as the case may be, three copies of the transcript.

“(2.) Where two or more parties to a special case are each represented by the same solicitor, service of three copies of the transcript on that solicitor shall be deemed to be service of the transcript on each of those parties for the purpose of the last preceding sub-rule.”.