Rules of the Supreme Court of the Australian Capital Territory (Amendment) (Cth)
Rules of the Supreme Court of the Australian Capital Territory 2 (Amendment)
WE, Judges
appointed under subsection 7 (1) of the
Dated 5 December 1991.
JEFFREY MILES
Chief Justice
J. F. GALLOP
Judge
T.J. HIGGINS
Judge
A.G. TOWILL
Registrar
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1.1 These Rules commence on 1 January 1992.
2.1 The Rules of the Supreme Court of the Australian Capital Territory are amended as set out in these Rules.
3.1 After Order 82, insert:
“1.01 In this Order, unless the contrary intention appears:
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“2.01 The provisions of these Rules other than this Order, so far as they are applicable and are not inconsistent with this Order, apply to proceedings in the Court in the exercise of of its jurisdiction under the Arbitration Act.
“3.01 A proceeding may be commenced by originating summons.
“4.01 An originating summons for an appeal with the leave of the Court under paragraph 38 (4) (b) of the Arbitration Act (‘Judicial review of awards’) must include, or be accompanied by, a statement of:
(a) the nature of the case; and
(b) the questions involved; and
(c) the reasons why leave should be given.
“5.01 Proceedings under subsection 39 (1) of the Arbitration Act (‘Determination of preliminary point of law by Supreme Court’) must be commenced by the party making the application:
(a) not later than 21 days after the consent, or consents, referred to in that subsection is or are given; or
(b) within such extended time as the Court may allow.
“5.02 A decision by the Court to entertain or not to entertain an application under paragraph 39 (1) (a) of the Arbitration Act must be given by order.
“6.01 An appeal brought under paragraph 38 (4) (a) of the Arbitration Act (‘Judicial review of awards’) must be instituted not later than 21 days after:
(a) if, by agreement of the parties to the arbitration agreement, the award is made without inclusion of a statement of reasons—the day the statement of reasons is given to the appellant; or
(b) in any other case—the day notice of the award is given to the appellant;
or within such extended time as the Court allows.
“6.02 An application for an order:
(a) under paragraph 38 (4) (b) of the Arbitration Act (‘Judicial review of awards’) granting leave to appeal; or
(b) under subsection 42 (1) of the Arbitration Act (Power to set aside award’) to set an award aside; or
(c) under section 43 of the Arbitration Act (‘Court may remit matter for reconsideration’) to remit any matter;
must be made not later than 21 days after:
(d) if, by agreement of the parties to the arbitration agreement, the award is made without inclusion of a statement of reasons—the day the statement of reasons is given to the appellant; or
(e) in any other case—the day notice of the award is given to the appellant;
or within such extended time as the Court allows.
“6.03 An appeal brought under paragraph 38 (4) (b) of the Arbitration Act must be instituted:
(a) not later than 21 days after leave is granted by the Court; or
(b) within such extended or abridged time as the Court determines.
“7.01 Order 39 applies in relation to the examination of a witness in proceedings under the Arbitration Act as if the witness were a witness for the purposes of a trial.
“8.01 The Court may refuse to make an interlocutory order under section 47 of the Arbitration Act (‘General power of Court to make interlocutory orders’) if the Court considers that the arbitrator or umpire has power to make the order applied for.
“9.01 Unless the Court otherwise orders, an application for leave under subsection 33 (1) of the Arbitration Act (‘Enforcement of award’) to enforce an award:
(a) must be supported by an affidavit that states:
(i) the extent to which the award has not been complied with at the date the application is made; and
(ii) the usual, or last known, place of residence or business of the person against whom it is sought to enforce the award or, if the person is a corporation, its last known registered office; and
(b) may be made without giving notice to any person.
“9.02 If leave is given, any party to the award may enter judgment in terms of the award.
“10.01 Section 9 of the
section of the
“11.01 An order under subsection 33 (1) of the Arbitration Act giving leave to enforce an award must:
(a) be indorsed with a statement that the person on whom the order is served may, before the expiration of 5 days after service (or such longer period as the Court orders) apply to have the order set aside; and
(b) be served on the person against whom it is sought to enforce the award.
“11.02 An order does not operate to enable an award to be enforced until:
(a) the expiration of the period referred to in subrule 11.01; and
(b) if the person against whom it is sought to enforce the award applies, within the period referred to in subrule 11.01, to have the order set aside—the determination of that application.
“12.01 In this Division, unless the contrary intention appears:
“13.01 The Court may, in any proceedings in the Court, at any stage of the proceedings:
(a) on application by a party; or
(b) of its own motion;
make an order for reference to a referee appointed by the Court:
(c) to inquire into and report on; or
(d) to hear and determine;
the whole of the proceedings or any question arising in the proceedings.
“13.02 A referee may be:
(a) a Judge; or
(b) the Master; or
(c) the Registrar; or
(d) any other officer of the Court; or
(e) any other person:
(i) agreed by the parties; or
(ii) specified by the Court; or
(iii) specified by a person nominated by the Court to select a suitable referee.
“14.01 The Court may set aside or vary an order made under subrule 13.01 on application by the referee or a party to the proceedings under the reference, or of its own motion.
“14.02 Nothing in this rule affects any other power of the Court to vary or set aside an order made under subrule 13.01.
“15.01 Except as provided by this rule, proceedings under a reference referred to in paragraph 13.01 (d) are to be conducted as if the reference were an arbitration agreement within the meaning of the Arbitration Act.
“15.02 An order under subrule 13.01 may include directions regarding the conduct of proceedings under the reference.
“15.03 Subject to subrules 14.01 and 14.02:
(a) a referee may conduct proceedings under the reference in such manner as the referee thinks fit; and
(b) the referee is not bound by rules of evidence but may inform himself or herself in relation to any matter in those proceedings in such manner as the referee thinks fit; and
(c) evidence before the referee:
(i) may be given orally or in writing; and
(ii) must, if the referee so requires, be given on oath or affirmation or by affidavit; and
(d) the referee may examine any person in relation to the proceedings; and
(e) each party to the proceedings must, within a time fixed by the referee but in any event before the conclusion of the
submission of evidence, give to the referee and each other party a brief statement of the findings of fact and law for which the party contends.
“16.01 The Court may give directions in respect of any matter arising in proceedings under a reference, at any time and from time to time, on motion of the appointed referee or of a party.
“17.01 Unless the Court orders otherwise, a referee under these rules must give to the Court a written report on the proceedings or question referred to the referee:
(a) stating:
(i) the referee’s opinion or determination on the matter referred; and
(ii) the reasons for the opinion or determination; and
(b) annexing the statements given under paragraph 15.03 (e).
“17.02 The referee’s report must be accompanied by sufficient copies for the parties to the proceedings in relation to which the reference was made and, on receipt of the report, the Court must serve a copy on each party.
“18.01 In relation to a report referred to in paragraph 13.01 (c), the Court may:
(a) on application by a party; or
(b) of its own motion after notice to the parties to the proceedings;
on a matter of fact or law or both:
(c) adopt, vary or reject the report in whole or in part; or
(d) require an explanation by way of report from the referee; or
(e) on any ground, remit for further consideration by the referee the whole or any part of the matter referred for a further report; or
(f) decide any matter on the evidence taken before the referee, with or without additional evidence.
“18.02 Evidence additional to the evidence taken before the referee may not be adduced before the Court except with leave of the Court.
“19.01 The Court may:
(a) determine the amount of the fees to be paid to a referee; and
(b) direct how, when and by whom the fees, or any part of the fees, are to be payable; and
(c) determine the consequence of contravention of a direction under paragraph (b).
“19.02 Subrule 19.01 does not affect the powers of the Court in respect of costs.
“20.01 The Court may give directions for the provision of:
(a) services of officers of the Court; and
(b) court rooms and other facilities;
for the purpose of a reference under rule 13 (‘Order referring’).
“21.01 The powers and functions of the Court under the Arbitration Act that may be exercised by the Master are:
(a) under section 10 (‘General power of Court to fill vacancy’)—make an appointment to fill a vacancy in the office of arbitrator or umpire;
(b) under subsection 18 (1) (‘Refusal or failure to attend before arbitrator or umpire, etc.’)—order a person in default of a requirement referred to in paragraph 18 (1) (a), (b) or (c) of that Act to attend before the Court for examination, to produce to the Court the relevant document or to do the relevant thing;
(c) under subsection 26 (1) (‘Consolidation of arbitration proceedings’)—order 2 or more proceedings to be:
(i) consolidated; or
(ii) heard at the same time; or
(iii) heard one immediately after another;
or order any of them to be stayed until after the determination of any other of them;
(d) under section 30 (‘Power to correct award’)—make an order correcting an award that contains a defect of a kind referred to in paragraph 30 (a), (b), (c) or (d) of that Act;
(e) under subsection 33 (1) (‘Enforcement of award’)—give leave that an award be enforced;
(f) under subsection 35 (1) (‘Taxation of arbitrator’s or umpire’s fees and expenses’)—order that:
(i) an arbitrator or umpire deliver an award on such terms as to the payment of his or her fees and expenses as the Master considers appropriate; and
(ii) the fees and expenses demanded by the arbitrator or umpire be taxed in the Court;
(g) under subsection 36 (1) (‘Costs of abortive arbitration’)—make orders that the Master thinks just in relation to the costs of an aborted arbitration;
(h) under subsection 38 (4) (‘Judicial review of awards’)—give leave to appeal on a question of law arising out of an award;
(j) under subsection 46 (2) (‘Delay in prosecuting claims’)—to make an order terminating proceedings;
(k) under section 47 (‘General power of Court to make interlocutory orders’)—to make interlocutory orders;
(l) under subsection 48 (1) (‘Extension of time’)—to extend the time appointed for doing an act or taking a proceeding;
(m) under subsection 53 (1) (‘Power to stay court proceedings’)—to make an order staying proceedings in respect of a matter agreed to be referred to arbitration;
(n) under subsection 53 (2) (‘Power to stay court proceedings’)—to grant leave to apply for a stay of proceedings;
(o) under section 57 (‘Service of notices’)—direct the manner of service of a notice.”.
1. Notified in the
Commonwealth of Australia Gazette on 19 December 1991.2. Statutory Rules 1937 No. 85 as amended by 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; 1978 Nos. 86 and 173; 1980 Nos. 210 and 214; 1981 Nos. 104, 196, 296 and 328; 1982 Nos. 202, 316 and 365; 1983 Nos. 26, 27 and 228; 1984 Nos. 110, 281, 285, 313 and 405; 1985 Nos. 27 and 69; 1986 Nos 8, 26, 86 and 349; 1987 Nos. 67, 93 and 219; 1988 Nos. 24, 145, 221, 257 and 331; 1989 Nos. 18, 30, 191 and 273; 1990 Nos. 2, 129, 372 and 458; 1991 Nos. 108, 251, 252 and 294.
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