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

Statutory Rules 1991 No. 1081

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Rules of the Supreme Court of the Australian Capital Territory2 (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 20 May 1991.

JEFFREY MILES

Chief Justice

J. F. GALLOP

Judge

T. J. HIGGINS

Judge

J. CIRCOSTA

Acting Registrar

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1. Commencement

1.1 These Rules commence on 1 June 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 5, rule 1 (Where plaintiff sues by solicitor)

3.1 Subrule 1 (1):

Omit “5 kilometres” (wherever occurring), substitute “10 kilometres”.

3.2 Add at the end:

“(3) A solicitor referred to in subrule (1) or (2) who is willing to have documents not required to be personally served on, or delivered to, the plaintiff, served or delivered by way of:

(a) an Australian Document Exchange Pty Ltd exchange box in the Territory; or

(b) a facsimile receiver at, or used in connection with, the solicitor’s place of business;

is to include in the indorsed address for service the number of the exchange box or of the facsimile receiver, as the case may be.”.

4. Order 5, rule 2 (Where plaintiff sues in person)

4.1 Omit “5 kilometres”, substitute “10 kilometres”.

5. Order 13, rule 4 (Address for service of solicitor)

5.1 Omit “5 kilometres” (wherever occurring), substitute “10 kilometres”.

5.2 Add at the end:

“(2) A solicitor referred to in subrule (1) who is willing to have documents not required to be personally served on, or delivered to, the defendant, served or delivered by way of:

(a) an Australian Document Exchange Pty Ltd exchange box in the Territory; or

(b) a facsimile receiver at, or used in connection with, the solicitor’s place of business;

is to include in the indorsed address for service the number of the exchange box or of the facsimile receiver, as the case may be.”.

6. Order 65, rule 16 (Notice to tax)

6.1 Omit the rule.

7. Order 65, rule 58 (Where parties differ)

7.1 Omit the rule, substitute:

Where parties differ

“58.01 If, following an order for costs, the parties are unable to agree on the amount, the party entitled to costs may submit the bill of costs to the taxing officer.

“58.02 On receipt of a bill of costs under subrule 58.01, the taxing officer must mark:

(a) on the bill; and

(b) on a copy of the bill for service on the other party;

the day and time when the bill will be taxed.

“58.03 The day on which a bill is to be taxed must be not earlier than 14 days after its receipt by the taxing officer.

“58.04 After a copy of the bill has been marked in accordance with subrule 58.02 the party entitled to costs must serve that copy on the party liable for costs on that, or the next, day.

“58.05 The taxing officer:

(a) may, during the course of taxing a bill, issue to the parties interim certificates; and

(b) must, when taxing of the bill is complete, issue to the parties a certificate.

“58.06 The party liable for costs under an order may, at any time after the order is made but not later than 14 days before the taxing officer commences taxing the bill of the party entitled to costs, tender, by a solicitor’s trust account cheque or by bank cheque, a sum in payment of those costs and accrued interest (if any).

“58.07 A tender made under subrule 58.06 may be replaced by a later tender or tenders but must not otherwise be withdrawn before:

(a) the day on which the bill is to be taxed; or

(b) the end of 14 days after the tender is made;

whichever is the earlier.

“58.08 If a tender is not returned to the tenderer before the end of the period referred to in subrule 58.07:

(a) the tender is taken to have been accepted; and

(b) the taxing officer is not to tax the bill.

“58.09 If, in the opinion of the taxing officer, a sum tendered and not accepted is appropriate for acceptance, any costs incurred by the parties after the day the tender is received by the party entitled to costs are to be borne by that party.

“58.10 In forming an opinion for the purposes of subrule 58.09, the taxing officer must have regard to:

(a) costs of the party entitled to costs at the date the tender is received by that party; and

(b) costs properly incurred by that party after that date; and

(c) interest (if any) accrued on the costs referred to in paragraphs (a) and (b).”.

 

8. Order 66, new rules 11 and 12

8.1 Add at the end:

Signature on behalf of solicitor

“11.01 If the signature of a solicitor is required, or permitted, on any document for the purpose of any proceedings, the signature on that document of any of the following persons is sufficient for that purpose:

(a) a solicitor who is a partner of the solicitor;

(b) a solicitor who is the agent of the first-mentioned solicitor for the purpose of the proceedings;

(c) a solicitor who is a partner of the agent of the first-mentioned solicitor;

(d) a solicitor who is employed by the solicitor;

(e) a solicitor who is employed by the agent of the first-mentioned solicitor.

“11.02 A person signing a document under this rule must add to the document a statement of the capacity in which the person signs the document.

Restriction on inspection of Registry files

“12.01 Except with leave of the Court, or of a Judge, a person who is not a party to a matter may not inspect or search the Registry for any of the following documents in relation to that matter:

(a) any judgment, order, transcript of a proceeding or any other document that the Court, or a Judge, has ordered remain confidential;

(b) an affidavit that has not been read in Court;

(c) any part of an affidavit that has been ruled to be inadmissible in evidence;

(d) an interrogatory, or an answer to an interrogatory, that has not been admitted into evidence;

(e) a list of documents given on discovery;

(f) an admission that has not been admitted into evidence;

(g) a subpoena, or any document filed with the Registrar in answer to a subpoena for production of documents;

(h) any document in relation to a proceeding in respect of the adoption, custody or guardianship of a child;

(i) any document in relation to a proceeding under the Family Law Act 1975;

(j) any document filed with the Court in the Court’s probate jurisdiction other than:

(i) a grant of probate or of letters of administration; or

(ii) an order to administer an estate; or

 

(iii) proceedings in relation to a contested matter;

(k) a deposition taken before an examiner;

(1) any document filed with the Court in support of an ex parte application;

(m) any document that the Registrar has determined should remain confidential to the parties to the matter in the interests of justice.

“12.02 Except with leave of the Court, or of a Judge, a party to a matter may not inspect, or search the Registry for, a subpoena issued at the request of another party.

“12.03 Except with leave of the Court, or of a Judge, a party to a matter may not inspect, or search the Registry for, a document filed to support an application that:

(a) any document, evidence or thing be kept confidential; or

(b) any document or thing be granted privilege from production.”.

9. Order 67, rule 2 (Where service not required to be personal)

9.1 Omit the rule, substitute:

Where service not required to be personal

“2.01 Any document in connection with a matter in respect of which personal service is not required by these Rules may be served on the person to be served:

(a) by being left at the address for service of the person, given in accordance with Order 5 or 13, on any day when the Registrar’s office is open for business; or

(b) by being sent by pre-paid post to the person at that address; or

(c) if provision is made by these Rules, or by or under an Act or Ordinance, for service of documents of that kind on a corporation, by being served on a corporation in accordance with that provision; or

(d) if, under Order 5 or 13, the person’s solicitor in the Territory has provided as an address for service the number of an Australian Document Exchange Pty Ltd exchange box—by being left in that box; or

(e) if, under Order 5 or 13, the person’s solicitor in the Territory has provided as an address for service the number of a facsimile receiver—by facsimile transmission to that number; or

(f) in the case of a notice to be served by the office of the Registrar—by being left in the collection box, in the Registrar’s office, that is the box of the solicitor for the person to be served.

“2.02 A document served under paragraph 2.01 (a) after 4.00 p.m. on any day is, for the purpose of calculating any period of time after that service, to be taken to be served on the next day.

“2.03 For the purposes of these Rules, the day of service of a document is:

(a) if the document is sent by post in accordance with paragraph 2.01 (b)—the third day after the document is so sent; or

(b) if the document is left in an exchange box in accordance with paragraph 2.01 (d)—the day following the day on which it is so left; or

(c) if the document is sent by facsimile transmission in accordance with paragraph 2.01 (e)—the day following the day on which it is so sent; or

(d) if:

(i) the document is a notice sent from the Registrar’s office; and

(ii) the document is left in a collection box in the Registrar’s office, being the collection box of the solicitor for the person to be served—the next day.”.

10. Order 67, rule 3 (Notices from Office of Court by post)

10.1 Omit the rule.

11. Order 67, rule 4 (Where no appearance or address, service by filing)

11.1 Add at the end:

“(3) Any document so filed must have endorsed on its first page a statement that the document is filed under Order 67.”.

12. Schedule 1 (Forms—civil proceedings)

12.1 Form 9:

Omit “5 kilometres” (wherever occurring in the marginal note),

substitute “10 kilometres”.

13. Schedule 8

13.1 Form 3:

Omit:

“The address for service is [full address of a place not more than three miles from the office of the Registrar of the Supreme Court].”,

substitute:

“The address for service is [full address of a place not more than 10 kilometres from the office of the Registrar of the Supreme Court].”.

14. Schedule 9 (Forms—companies)

14.1 Form 4:

Omit:

“* If this address is beyond 5 kilometres from the office of the Registrar an address for service within 5 kilometres thereof must be given.”,

substitute:

 

“* If this address is beyond 10 kilometres from the office of the Registrar an address for service within 10 kilometres must be given.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 May 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 No. 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.