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

  

Statutory

Rules1991No. 251 1

__________________

Rules of the Supreme Court of the

Australian Capital Territory 2(Amendment)

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

 Dated 12 August 1991.

  JEFFREY MILES

 Chief Justice

  J. F. GALLOP

  Judge

 T. J. HIGGINS

   Judge

J. CIRCOSTA

Acting Registrar

____________

1.   Commencement

1.1   These Rules commence on 1 September 1991.

2.   Amendment

2.1   The Rules of the Supreme Court of the Australian Capital Territory are amended as set out in these Rules.

3.   Order 32 (Amendment)

3.1   After rule 11, insert:

Scandalous, vexatious, etc.

matter in a document

 “11a. The Court or a Judge may, at any time, order to be struck out of a document filed in the Court, matter which the Court or Judge considers to be scandalous, vexatious or oppressive.”.

4.   Order 39, rule 32a (Service of subpoenas)

4.1   Paragraph 32a (3) (c):

Omit the paragraph, substitute:

• “(c)

  if the subpoena requires the person to attend to give evidence, it must not be served later than 6 weeks before the day fixed for the hearing of the proceeding, unless:

   (i) the subpoena is a subpoena referred to in subrule (3a); or

 (ii) the Court otherwise orders.”.

5.   Order 61, rule 3 (Authority of Registrar)

5.1   Paragraph 3 (c):

Omit “Order 75a.”, substitute “Order 75a; and”

5.2   After paragraph (c), insert:

“(c)

in accordance with rule 7 of Order 75b.”.

6.   Order 61a, rule 1 (Authority of Master)

6.1   Subrule 1.01:

After paragraph 1.01 (e), insert:

• “(ea)

  in any matter in respect of which, with leave of the Court or a Judge, all the parties to the matter consent to that exercise by the Master.”.

6.2   Paragraph 1.01 (i):

After:

 “Orders 55, 57, 58, 59, 60 and 61”,

insert:

 “Order 61a, paragraphs 1.01 (e) and (ea)”.

6.3   Paragraph 1.01 (m):

Omit the paragraph, substitute:

“(m)

in accordance with rule 69 of Order 75a; and”

(n)

in accordance with rule 7 of Order 75b.”.

7.   Order 66 (Documents)

7.1   Omit the order, substitute:

“ORDER 66

DOCUMENTS STYLE

Interpretation

“1.01 In this Order, ‘document’ means a document prepared by a party to proceedings for use by or in the Court.

Registrar may refuse to file

“2.01 The Registrar may refuse to file a document that does not comply with this Order to the extent that the nature of the document permits.

 “2.02 Costs incurred by a party in relation to a document refused filing under this rule may be disallowed on taxation of the party’s costs.

Paper to be used

 “3.01 A document must be presented on paper that is:

(a)

white; and

(b)

durable; and

(c)

international paper size A4.

Writing requirements

“4.01 One page only of each leaf of a document may display writing.

 “4.02 Writing must be permanent in form and easily legible.

 “4.03 A document that bears writing that is:

• (a)

  materially disfigured by blotting, erasure or other alteration; or

• (b)

  a carbon copy of another document;

cannot be filed in the Court.

 “4.04Each succeeding line of writing in a document must be separated from the preceding line of writing by a space not less than 3 millimetres.

Page margins

 “5.01Each page of a document must have margins at its edges, free of writing, that are not less than:

(a)

to the left of any writing—25 millimetres; and

(b)

at the foot of the writing—20 millimetres.

Use of numerals

 “6.01Mathematical expressions, amounts of money and dates appearing in a document must be expressed in numbers.

 6.02Numbers appearing in a document must be expressed in Arabic numerals.

Pagination

 “7.01A document containing more than one page must be paginated, the number of each page appearing in the lower right corner of the page.

Backing sheet

 “8.01 A document need not have a backing sheet.

Identification

 “9.01The party filing a document must be identified in writing at the foot of the first page of the document as follows:

• (a)

  the identification is to be separated from the text of the document by a horizontal line, above and below which there must be, respectively, at least 4 millimetres space; and

• (b)

  below that line is to be set out:

   (i) the name of the party by whom, or on whose behalf, the document is filed;

   and:

   (ii) if the party is not represented by a solicitor—the address for service of the party and his or her telephone number (if any); or

   (iii) if the party is represented by a solicitor:

   (A) the solicitor’s name, address for service and telephone number; and

   (B) if the solicitor is the agent of another solicitor for the purpose of the proceeding—the name and place of business of the other solicitor.”.

8.   Order 75a, rule 69 (Powers of Registrar and Master)

8.1   Subrules 69 (1), (2) and (3):

After “Registrar” (wherever occurring), insert “or Master”.

9.   Order 75b, rule 7 (Powers of Registrar and Master)

9.1   Subrule 7 (1):

After “Registrar”, insert “or Master”.

9.2   Subrule 7 (2):

Omit “a Registrar,”, substitute “the Registrar or Master,”.

10.   Order 75b, rule 11 (Inquiry as to creditors)

10.1   Subrule 11 (2):

Omit “13 (4) to 13 (8)”, substitute “14 (4) to 14 (8)”.

11.   Order 75b, rule 37 (Winding up of a company under section 460 or paragraph 461 (a))

11.1   Subparagraph 37 (2) (c) (ii):

Omit “to the best of the knowledge, information and belief of the deponent”.

11.2   Paragraph 37 (3) (b):

Omit the paragraph.

11.3   Subrule 37 (4):

After “the applicant”, insert “(unless it is the company)”.

11.4   After subrule 37 (4), insert:

 “(4a) The application and affidavits served under subrule (4) must be accompanied by a copy of:

• (a)

  a Form 88 signed by the Registrar, that nominates an official liquidator for the winding up; or

• (b)

  a Form 89 signed by the nominated official liquidator.”.

12.   Order 75b, rule 38 (Filing of documents in support of an application under rules 36 and 37)

12.1   Subrule 38 (1):

Omit “and serve”.

12.2   Paragraphs 38 (1) (c), (d) and (e):

Omit the paragraphs, substitute:

• “(c)

  if an application is within the scope of rule 37, an affidavit in Form 95:

   (i) stating that the respondent has not paid, secured or compounded for, the debt, to the reasonable satisfaction of the applicant; and

   (ii) sworn not earlier than 7 days before the date of the final hearing on the application.”.

12.3   Subrule 38(2):

Omit “and serve”.

13.   Order 75b, rule 66 (Taxation of costs of agents of and persons employed by liquidator)

13.1   Omit the rule, substitute:

Taxation of costs of agents of and persons who have provided services to a liquidator

“66.

(1)   Where the costs, charges or expenses of a solicitor, special manager, auctioneer, broker or other person who has provided services to a liquidator appointed by the Court are incurred by that liquidator, the liquidator may request the person who provided the services to deliver to the liquidator a bill of that person’s costs, charges or expenses for the purpose of taxation.

“(2)

A request under subrule (1) must be made in Form 117.

“(3)

A request by a liquidator that a bill of costs in taxable form be delivered must:

• (a)

  be made a reasonable time before the declaration of a dividend in the winding up; and

(b)

specify a time by which the bill should be delivered; and

• (c)

  allow a reasonable time for the person who provided the services to prepare the bill, having regard to the scope of those services.

“(4)

The person who provided the services must deliver a detailed bill in taxable form giving full particulars of his or her costs, charges or expenses to the liquidator within the time specified in the request by the liquidator.

“(5)

If the person required to deliver a bill in taxable form under subrule (1) does not deliver such a bill within the time specified in the notice under subrule (3), or within such extended time as the Court may allow:

• (a)

  the liquidator may disregard that person’s claim in declaring and distributing a dividend in the winding up; and

• (b)

  that person’s claim against the assets of the company for the costs, charges and expenses which were the subject of the request to deliver a bill will be forfeited, unless the Court orders to the contrary.

“(6)

A liquidator must file a bill delivered under subrule (4) with the Registrar for taxation.

“(7)

The taxing officer must appoint a time and place for taxation of a bill of costs, charges or expenses and give notice of that time and place to the liquidator.

“(8)

After receiving the notice referred to in subrule (7), the liquidator must give not less than 10 days’ notice of the time and place for taxation to the person who provided the services to which the bill refers.

“(9)

On taxation of the bill of costs, charges or expenses, the taxing officer may require the liquidator and the party who provided the services to the liquidator to provide all documents and to give all information relevant to the fixing of proper charges for those services.

“(10)

Following taxation of the bill, the taxing officer must issue a certificate of taxation to the liquidator and to the person who provided the services to which the bill refers.

“(11)

Every taxation of costs, charges or expenses and every decision of a taxing officer under this rule is subject to review by a Judge.

“(12)

An application for review under subrule (11) of a decision of a taxing officer may be made by notice of motion in the winding up proceedings.

“(13)

On taxation, a liquidator or special manager who is remunerated for his or her services as liquidator or special manager in a winding up by the Court will not be allowed payment for the performance by any other person of duties which would ordinarily be performed by the liquidator or special manager.

“(14)

A liquidator who is a solicitor may contract that the remuneration for his or her services as liquidator includes all professional services.

“(15)

Order 65 of these Rules applies so far as it is capable of application and with such adaptations as may be necessary to the taxing of costs under this rule.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 August 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 No. 108.