High Court Rules (Amendment) (Cth)

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JUDICIARY.

 

HIGH COURT RULES.

 

Statutory Rules 1953, No. 1.(a)

 

(As of Tuesday the Sixteenth day of December, 1952)

PURSUANT to the Judiciary Act 1903-1950 and to all other powers thereunto enabling, it is ordered as follows:—

1. That the Rules of this Court, being Statutory Rules 1952, No. 23, made as of Saturday the twelfth day of April, 1952, be amended in the manner hereinafter appearing, that is to say:—

(I) Order 12 is amended—

(i) by inserting in Rule 13 after the words and figures “Order 13, rule 1” the words “or accompanied by or endorsed with a statement of claim under Order 21, rule 1”

(ii) by inserting in Rule 14 before the words “a statement of claim” the words “where the writ is not specially endorsed under Order 13, rule 1, or accompanied by or endorsed with a statement of claim under Order 21, rule 1,”

(II) Order 58 is amended by omitting the words in sub-rule (1.) of Rule 3 after the words “Principal Registry,”, and inserting in their stead the following words:—

“the word “Canberra” prefixed in the, case of the District Registry in the Australian Capital Territory and the name of the State or Territory prefixed in the case of any other District Registry.”

(III) Order 63 is amended by substituting for sub-rule (1) of rule 6 the following sub-rule.

(1) Upon the application of a Law Officer, or the Crown Solicitor of the Commonwealth or of the Principal Registrar of the Court, the Court or a Justice, if satisfied that a person, or another person in concert with that person, frequently and without reasonable ground has instituted vexatious legal proceedings, may, after hearing that person or that other person or giving him an opportunity of being heard, order tha he shall not, without the leave of the Court or a Justice, begin any action appeal or other proceeding in the Court.

(IV) Order 70 is amended by adding after sub-rule (3.) of Rule 2 the following sub-rule:—

“(3a.) Subject to Order 60, rules 4 and 6, notice, of an application for leave or special leave to appeal shall be filed and served within twenty-one days after the date when the, judgment was pronounced from which it is sought to appeal.”

 

(a) Made under the Judiciary Act 1903-1950 on 16th December, 1962; notified in the Gazette

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