Rules of the Supreme Court of the Australian Capital Territory (Amendment) (Cth)

Statutory Rules

1978 No. 173

RULES OF COURT UNDER THE AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933*

We, Judges appointed under sub-section 7 (1) of the Australian Capital Territory Supreme Court Act 1933, hereby make the following Rules of Court under section 28 of that Act.

Dated this eighteenth day of September 1978.

R. A. BLACKBURN

Chief Judge

XAVIER CONNOR

Judge

D. G. McGREGOR

Judge

Z. HARTSTEIN

Registrar

 

AMENDMENTS OF THE RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY 

Principal Rules

1. The Rules of the Supreme Court of the Australian Capital Territory are in these Rules referred to as the Principal Rules.

Commencement

2. These Rules shall come into operation on 16 October 1978.

Interpretation

3. Rule 4 of Order 1 of the Principal Rules is amended—

(a) by omitting from sub-rule (1) the definition of “ matrimonial causes jurisdiction ”;

 

* Notified in the Commonwealth of Australia Gazette on 26 September 1978.

  Statutory Rules 1937 No. 85 as amended by Statutory Rules 1938 No. 99; 1939 Nos. 48 and 61; 1950 No. 22; 1956 No. 135; 1958 No. 64; 1962 Nos. 47 and 76; 1966 No. 132; 1967 No. 68; 1968 No. 13; 1969 Nos. 57, 66, 221 and 222; 1972 No. 189; 1973 Nos. 95 and 149; 1974 Nos. 25, 60 and 197; 1975 No. 81; 1976 No. 190; 1977 No. 152; and 1978 No. 86.

 

(b) by inserting the following definition in sub-rule (1) after the definition of “ probate action ”:

“ ‘ Registrar of Companies ’ means the Registrar of Companies or an Acting Registrar of Companies holding office under the Companies Ordinance 1962;”; and

(c) by omitting from sub-rule (1) the definition of “the Act” and substituting the following definition:

“ ‘ the Act ’ means the Australian Capital Territory Supreme Court Act 1933;”.

4. Rule 3 of Order 6 of the Principal Rules is repealed and the following rule substituted:

Sealing of writ

“ 3. (1) The Registrar shall seal every writ of summons and so many copies of each writ as are required for the service of the writ.

“ (2) A writ of summons shall be deemed to have been issued at the time at which it was sealed.”.

Heading to Order 10

5. The heading to Order 10 of the Principal Rules is amended by omitting “ OF WRIT OF SUMMONS ”.

6. Rule 2 of Order 10 of the Principal Rules is repealed and the following rules are substituted:

Service of writ

“ 2. Except where otherwise prescribed, a writ of summons shall be served personally.

Service of originating summons

“ 2a. Where, by these Rules or by any other law in force in the Territory, an originating summons is required to be served, the summons shall be served personally.

Meaning of “personal service”

“ 2b. Personal service of a document shall be effected by delivering to, and leaving with, or offering to deliver to and leave with, the person to be served a sealed copy of the document.”.

7. Rule 6 of Order 10 of the Principal Rules is repealed and the following Rule substituted:

Service on corporation

“ 6. In addition to any other method by which a document may be served on a corporation, service of a document that is required by a provision of these Rules (other than a provision of Order 75) to be served on a corporation may be effected—

(a) in the case of a corporation incorporated under the Companies Ordinance 1962—

(i) if, in relation to that corporation, a notice has been lodged with the Registrar of Companies for the purpose of sub-section 202b (1) of that Ordinance—by serving the document personally upon the official manager named in the last notice so lodged;

(ii) if, in relation to that corporation, a notice has been lodged with the Registrar of Companies for the purpose of sub-section 280 (1) of that Ordinance—by serving the document personally upon the liquidator named in the last notice so lodged; and

(iii) if no notice has been lodged for the purpose of sub-section 202b (1) or 280 (1) of that Ordinance in relation to that corporation—by serving the document personally upon a director, manager or secretary of the corporation; and

(b) in any other case—by serving the document personally upon—

(i) a member of the body charged with the management of the affairs of the corporation;

(ii) a manager, secretary or similar officer of the corporation; or

(iii) in the case of a corporation constituted by one person—that person.”.

8. Rule 1 of Order 11 of the Principal Rules is repealed and the following rules are substituted:

Substituted service

“ 1. Where—

(a) personal service of a document is required by these Rules; and

(b) it is made to appear to the Court or a Judge that prompt personal service cannot be effected,

the Court or Judge may make such order for substituted or other service, or for the substitution for service of notice by advertisement or otherwise, as is just.

Application for order

“ 2. An application for an order under rule 1 shall be supported by an affidavit setting forth the grounds upon which the application is made.”.

9. The following rules are added at the end of Order 42 of the Principal Rules:

Consent order or judgment signed by Registrar

“ 11. (1) Subject to sub-rule (5), where—

(a) the solicitor for a party to a cause or matter has lodged with the Registrar a draft order or judgment in proper form; and

(b) there is endorsed on the draft the consent for the purposes of this rule of the solicitor for each party to the cause or matter who would be affected by the proposed order or judgment,

the Registrar shall sign and seal the order or judgment.

“ (2) A draft lodged with the Registrar for the purpose of sub-rule (1) shall include a statement that the order or judgment is made or given by consent of specified parties.

“ (3) An order sealed in accordance with sub-rule (1) has effect as if the order had been made by the Court on the day on which the order was so sealed.

“ (4) Where a judgment has been sealed in accordance with sub-rule (1), the judgment has effect, and the preceding rules of this Order apply, as if the judgment had been pronounced by the Court on the day on which the judgment was so sealed.

“ (5) The Registrar shall not sign or seal an order or judgment under sub-rule (1) if he is of the opinion that the order or judgment is not such as the Court would make or pronounce by consent.

Consent judgment in Chambers

“ 12. (1) In any cause or matter, a Judge may, on application made in Chambers, order that judgment be entered by consent of parties.

“ (2) A judgment entered in accordance with an order under sub-rule (1) has effect, and the preceding rules of this Order apply, as if the judgment had been pronounced by the Court on the day on which the order was made under sub-rule (1).

“ (3) Notwithstanding rule 1 of Order 56, an application under this rule need not be made by motion or by summons.”.

10. Part 3 of the Principal Rules is repealed and the following Part substituted:

“ PART 3—OATHS AND AFFIRMATIONS

“ ORDER 70

Order to apply to criminal proceedings

“ 1. This Order applies to all proceedings in the Court, including criminal proceedings.

Manner of taking oath

“ 2. (1) For the purposes of this Order, a person taking an oath shall, if he is physically capable of doing so—

(a) hold in his hand the Bible, the New Testament or the Old Testament; and

(b) at the same time, say the words of the oath.

“ (2) For the purposes of this Order, the words of an oath shall be spoken in the English language or in such other language as the Court allows.

“ (3) Where a person is incapable of speaking, he may express the words of an oath by signs or by such other means as the Court allows.

Forms of oath

“ 3. (1) The form of oath to be taken by a person called as a witness is the following:

I swear by Almighty God that the evidence I shall give will be the truth, the whole truth, and nothing but the truth.

 

“ (2) The form of oath to be taken by an interpreter who is to interpret a spoken language is the following:

I swear by Almighty God that I shall, to the best of my skill and ability, truly and faithfully translate from the English language into the  language and from the language to the English language.

“ (3) The form of oath to be taken by an interpreter who is to interpret statements made by means of signs is the following:

I swear by Almighty God that I shall, to the best of my skill and ability, truly and faithfully communicate by signs or other convenient means words spoken in the English language and translate into the English language statements made by means of signs.

Court may permit other forms of oaths

“ 4. If a person objects to taking an oath in accordance with rules 2 and 3, the person may take an oath that the Court is satisfied is binding on the conscience of the person.

Affirmations

“ 5. (1) A person called as a witness may, instead of taking an oath, make an affirmation in the following form:

I solemnly declare and affirm that the evidence I shall give will be the truth, the whole truth, and nothing but the truth.

“ (2) An interpreter who is to interpret a spoken language may, instead of taking an oath, make an affirmation in the following form:

I solemnly declare and affirm that I shall, to the best of my skill and ability, truly and faithfully translate from the English language into the  language and from the  language into the English language.

“ (3) An interpreter who is to interpret statements made by means of signs may, instead of taking an oath, make an affirmation in the following form:

I solemnly declare and affirm that I shall, to the best of my ability, truly and faithfully communicate by signs or other convenient means words spoken in the English language and translate into the English language statements made by means of signs.

Affidavit-form of oath and affirmation

“ 6. (1) The form of oath to be taken by the deponent to an affidavit for use in a proceeding is as follows:

I swear by Almighty God that the signature to this affidavit is my signature and that every statement in the affidavit is true.

“ (2) The form of affirmation to be made in relation to an affidavit for use in a proceeding is as follows:

I solemnly declare and affirm that the signature to this affidavit is my signature and that every statement in the affidavit is true.”.

Repeals

11. (1) The table of orders before Part 1 of the Principal Rules (including the heading “ RULES OF COURT ”) is repealed.

(2) The heading immediately before rule 22 of Order 19 of the Principal Rules is repealed.

(3) The following provisions of the Principal Rules are repealed:

(a) Rule 3 of Order 1;

(b) Rules 22-36 (inclusive) of Order 19;

(c) Rules 5 and 6 of Order 67;

(d) the Second Schedule.