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

STATUTORY RULES

1968 No.

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RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY*

(As of Friday, the first day of March, 1968)

PURSUANT to the Australian Capital Territory Supreme Court Act 1933-1966, IT IS ORDERED that the Rules of the Supreme Court of the Australian Capital Territory be amended as follows:—

Definitions.

1. Order 1, rule 4, is amended by inserting in sub-rule (1), after the definition of “Crown Solicitor”, the following definition:—

“‘diplomatic or consular representative’ means a person appointed to hold or act in any of the following offices:—

(a) ambassador;

(b) high commissioner;

(c) minister;

(d) head of a mission;

(e) commissioner;

(f) chargé d’affaires;

(g) counsellor, secretary or attaché at an embassy, high commissioner’s office, legation or other post;

(h) consul-general;

(i) consul;

(j) vice-consul;

(k) pro-consul;

(l) trade commissioner; and

(m) consular agent;”.

Procedure to effect service in certain cases.

2. Order 12, rule 10, is amended—

(a) by omitting from paragraph (1) the words “shall state the medium through which it is desired the service shall be effected, i.e. whether (a)directly through the British Consul, or (b) through the foreign judicial authority, and”;

(b)by omitting from paragraph (1) the words “the British Consul” (second occurring) and inserting in their stead the words “an Australian or British diplomatic or consular representative”; and

(c) by omitting from paragraph (3) the words “a British Consular authority” and inserting in their stead the words “an Australian or British diplomatic or consular representative”.

Notice of judgment to be given.

3. Order 19, rule 45, is amended by adding at the end of paragraph (b) of sub-rule (1.) the word “or”.

4. Order 26, rules 8, 9 and 10, are repealed and the following rules inserted in their stead:—

Approval of settlement of action by infant or person of unsound mind.

“8. In an action in which there is a claim for money or damages by or on behalf of an infant or person of unsound mind suing either alone or with another party, a settlement or compromise shall not be entered into or money paid into Court shall not be accepted without the approval of the Court or Judge.

 

* Notified in the Commonwealth Gazette on 15 February, 1968

  Statutory Rules No. 85, 1937, as amended by Statutory Rules No. 99, 1938; Nos. 48 and 61, 1939; No. 22, 1950; No. 135, 1956; No. 64, 1958; Nos. 47 and 76, 1962; No. 132, 1966; and No. 68, 1967

9844/67—Price 8c  10/21.12.1967

Money recovered by infant or person of unsound mind.

“9.—(1.) Money (including damages) recovered, awarded or agreed to be paid in an action in respect of the claim of an infant or person of unsound mind shall, to the extent that it has not been paid into Court or otherwise dealt with in pursuance of an order of the Court or Judge under this rule, be paid into Court.

“(2.) The Court or Judge may make an order directing how money (including damages) recovered, awarded or agreed to be paid in an action in respect of the claim of an infant or person of unsound mind shall be dealt with, and in particular, may, by order, direct—

(a)the payment of all or a part of the money to the infant or person of unsound mind or his next friend in respect of expenses incurred by or paid for or on behalf of the infant or person of unsound mind or for the maintenance or benefit of the infant or person of unsound mind, or to his solicitor in respect of costs;

(b) the investment of all or a part of the money on behalf of the infant or person of unsound mind in the manner specified in the order;

(c) the investment of all or a part of the interest received from an investment under this rule on behalf of the infant or person of unsound mind in the manner specified in the order;

(d)the variation of an investment made under this rule;

(e) the sale of securities in which the money is invested under this rule at such time and upon such conditions as are specified in the order; and

(f) the payment of all or a part of the money, or the transfer of a security or investment under this rule (including a savings bank account), to the person entitled to it.

“(3.) The Registrar may, at any time, apply in writing to the Judge for an order under this rule directing how all or a part of the money shall be dealt with and the Judge may make an order giving such directions in relation to the matter as he thinks fit.

“(4.) A parent, guardian or next friend of an infant may, on behalf of the infant, request the Registrar to make an application under the last preceding sub-rule for the payment out of moneys invested under this rule or remaining in Court of an amount for the maintenance or benefit of the infant, and the Registrar shall make the application, together with his recommendations, accordingly.

“(5.) A request under the last preceding sub-rule—

(a) shall be in writing;

(b)shall specify the amount sought to be paid; and

(c) shall be supported by an affidavit, or, with the consent of the Registrar, a statutory declaration, verifying the amount sought to be paid and stating the reasons for the application.

“(6.) Unless the Judge otherwise orders, it shall not be necessary for a person to appear before the Judge in connexion with the making of an order under sub-rule (3.) of this rule.

“(7.) Where the Court or Judge has not made an order under this rule for the investment or payment out of Court of all of the money paid into Court, the Registrar shall, on behalf of the infant or person of unsound mind, invest the money remaining in Court in securities of the Commonwealth or by deposit in a savings bank, and shall invest in like manner the interest received from an investment under this sub-rule.

“(8.) This rule does not prejudice the lien of a solicitor for costs.”.

 

Appointment for inspection.

5. Order 34, rule 19, is amended by omitting the word and figures “rule 15” and inserting in their stead the word and figures “rule 14”.

Letters of request.

6. Order 39, rule 5, is amended by omitting from sub-rule (3.) the words “the British Consular authority” and inserting in their stead the words “an Australian or British diplomatic or consular representative”.

Transmission of depositions.

7. Order 39, rule 41, is amended by omitting the words “His Majesty’s Secretary of State for the Dominions” and inserting in their stead the words “the country from which the request came”.

Date and place to be stated.

8. Order 40, rule 5, is amended—

(a) by omitting the words “the date on which the place” and inserting in their stead the words “the date on which, and the place”; and

(b) by omitting the words “the date on which place where” and inserting in their stead the words “the date on which, and the place where,”.

Order for attachment of debts.

9. Order 46, rule 1, is amended by omitting from sub-rule (3.) the word and figures “Order 68” and inserting in their stead the word and figures “Order 67”.

Charge on partnership property.

10. Order 47, rule 2, is amended by omitting the words and figures “section 23 of the Partnership Act, 1892 of the State of New South Wales, in its application to the Territory” and inserting in their stead the words and figures “section 28 of the Partnership Ordinance 1963-1966”.

Attachment of debts owing from a firm.

11. Order 50, rule 9, is amended by omitting from sub-rule (1.) the word and figures “Order 47” and inserting in their stead the word and figures “Order 46”.

Title and form of petition, &c., for advice.

12. Order 54, rule 17, is amended by omitting the words and figures “section 20 of the Trustee Act, 1898” and inserting in their stead the words and figures “section 63 of the Trustee Act, 1925-1942”.

Originating summons for foreclosure, &c.

13. Order 58, rule 4, is amended—

(a) by omitting from sub-rule (2.) the words “or the Real Property Act, 1900 of the State of New South Wales in its application to the Territory,”; and

(b)by omitting from sub-rule (2.) the words “or Act, as the case may be”.

Evidence on application to appoint guardian, &c.

14. Order 58, rule 14, is amended by adding at the end of paragraph (b) the word “and”.

Costs improperly incurred, &c.

15. Order 65, rule 8, is amended by omitting the word “relay” and inserting in its stead the word “delay”.

Allowance for work in preparation of documents.

16. Order 65, rule 22, is amended by omitting the word and figures “Order 36” and inserting in their stead the word and figures “Order 35”.

Extension of time.

17. Order 65, rule 47, is amended by omitting the words and figures “Order 65, rule 6” and inserting in their stead the words and figures “Order 64, rule 5”.

First Schedule.

18. The First Schedule is amended—

(a) by omitting from note (c) to Form 8 the words “ ‘Directly through the British Consul’” and inserting in their stead the words “‘directly through the Australian diplomatic or consular representative’, ‘directly through the British diplomatic or consular representative’”;

(b) by omitting from Form 24 the words “The answer to” andinserting in their stead the words “The answer of”;

(c) by omitting from Form 43 the words “British Consul” and inserting in their stead the words “Australian or British diplomatic or consular representative”;

(d)by omitting from the heading to Form 44 the words “BRITISH CONSUL” and inserting in their stead the words “AUSTRALIAN OR BRITISH DIPLOMATIC OR CONSULAR REPRESENTATIVE”; and

(e) by omitting from Form 44 the words “that the British Consul or his deputy” and inserting in their stead the words “that , an Australian [or British] diplomatic or consular representative”.

Judge of the Supreme Court of

the Australian Capital Territory

Registrar

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By Authority: A. j. Arthur, Commonwealth Government Printer, Canberra