Statutory Rules
1989 No. 301
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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, hereby make
the following Rules of Court under section 28 of that Act.
Dated
2 March 1989.
JEFFREY
MILES
Chief
Justice
J. KELLY
Judge
J. F.
GALLOP
Judge
P.
G. DINGWALL
Registrar
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Commencement
1. These Rules commence on
7 March 1989.
Principal Rules
2. In these Rules, “Principal
Rules” means the Rules of the Supreme Court of the Australian Capital
Territory.
Plaintiff may take out money
3. Rule 2 of Order 26 of
the Principal Rules is amended by omitting subrule (3) and substituting the
following subrules:
“(3) If the plaintiff accepts money
paid into Court in satisfaction of the claim or accepts a sum or sums paid in
respect of one or more of specified causes of action and gives notice that the
other cause of action is, or other causes of action are, abandoned, the
plaintiff may after four days from payment out and unless the Court or Judge
otherwise orders, lodge a bill of costs for taxation, such bill comprising the
costs incurred to the date of payment into Court and such costs as are
reasonably incurred in accepting the payment into Court.
“(3a)
Forty eight hours after taxation of the costs, the plaintiff may sign judgment
for the amount of the taxed costs.”.
Commonwealth as defendant
4. After rule 4 of Order
26 of the Principal Rules the following rule is inserted:
“4 a. (1) Where the defendant
is the Commonwealth of Australia, it may lodge with the Registrar a bond in
accordance with form 19a, varied
as is necessary, in the name of the Australian Government Solicitor.
“(2) These rules shall then apply
as if the defendant had paid money into court.”.
Repeal
5. Rule 4 of Order 27 and
rules 3, 4, 5, 6, 7, 8 and 9 of Order 38 are repealed.
Interpretation
6. Rule 1 of Order 75a is amended by omitting from the
definition of “prescribed office” in subrule (1) “an associated incorporation
within the meaning of and substituting “an association incorporated under the”.
Compromise with creditors (ss. 315,
317)
7. Rule 14 of Order 75a is amended by omitting from subrule
(1) “subsection (1)” and substituting “subsection 315 (1)”.
Oppression or injustice (s. 320
(2))
8. Rule 15 of Order 75a is amended by adding at the end the
following subrule:
“(3) Where an applicant intends or
is required to serve a copy of the summons on any person other than the company
as a respondent, the name and address of that person shall appear after the
name and address of the company at the end of the summons.”.
Statement of company’s affairs (s.
375)
9. Rule 30 of Order 75ais
amended by omitting subrule (4) and substituting the following subrule:
“(4) If any person fails to comply
with any provision of section 375 of the Companies Act, other than subsection
(7), the liquidator may by notice of motion in accordance with Form 19 move the
Court for an order for compliance or may notify the Commissioner of the
failure.”.
Proceedings against company after
voluntary winding up (ss. 401, 402)
10. Rule 45 of Order 75ais
amended by omitting from subrule (1) “by motion in the winding up proceedings”
and substituting “by summons”.
Powers of Registrar
11. Rule 69 of Order 75ais
amended:
(a)
by inserting in subrule (3) “and Companies Regulations” after “Companies Act”;
(b)
by omitting from Column 1 of the Table “Regulation 78” and substituting “Regulation
77”;
(c)
by omitting from Column 1 of the Table “Regulation 81” and substituting “Regulation
80”.
Election petitions
12. After Part 9 of the
Principal Rules the following Part is inserted:
“PART
10—ELECTION PETITIONS
ORDER
79
Definition
“1. In this Order, ‘member’
is a person returned as a member of the Legislative Assembly established under
subsection 8 (1) of the Australian
Capital Territory (Self-Government) Act 1988.
Application of Rules
“2. These Rules, so far as
they are applicable and are not inconsistent with this Order, extend and apply
to proceedings in the Court in the exercise of its jurisdiction as the Court of
Disputed Returns.
Publication
“3. The petitioner shall,
forthwith after the filing of a petition—
(a)
publish a copy of the petition in the Gazette; and
(b)
publish in some newspaper circulating in the Territory a notice setting forth
the fact of the filing of the petition, the date of filing, the name of the
petitioner, the nature of the relief claimed and, as concisely as may be, the
grounds on which the election is disputed.
Address for service
“4. (1)A person who has been returned as a member may file in the
Registry in which the election was held a notice in writing signed by him or
her stating an address for service upon him or her of a petition under the
Order.
“(2) The address for service shall
comply with the provisions of Order 13.
Service of petition
“5. The petitioner shall,
within seven days after the filing of the petition, or within such further time
as the Court allows, cause a sealed copy of the petition to be served
personally upon every person whose election or return is disputed by the
petition.
Appearances
“6. (1) A person returned
as a member whose election or return is disputed by a petition shall, within
fourteen days after service of the petition, and a person who voted or had a
right to vote at the election to which the petition relates may, within fourteen
days after the publication of the petition in the Gazette,enter an
appearance to the petition.
“(2) A person so entering an
appearance shall be deemed to be a party to the proceedings upon the petition.
Particulars of votes objected to
“7. (1) When the petition,
not being a petition merely claiming a fresh count of the votes actually
counted at the election, claims the seat for a person who has not been returned
as a member, alleging that that person had a majority of valid votes, each party
shall, seven days before the day appointed for the trial of the petition, file
in the Registry and deliver to the opposite party at his or her address for
service a list of the ballot-papers or classes of ballot-papers intended to be
claimed or objected to, specifying, in the case of ballot-papers objected to,
the grounds of objection on which he or she intends to rely.
“(2) An objection shall not be
entertained against the validity of a ballot-paper upon a ground not specified
in the grounds so filed and delivered except by leave of the Court, and upon
such terms as to amendment of the grounds, adjournment of the trial and payment
of costs, as the Court orders.
Counter-charges
“8. (1) When a petition
claims a seat for a person who has not been returned as a member and a party
respondent desires to contend that the person for whom the seat is claimed was
not duly elected upon some grounds other than those mentioned in the last preceding
rule, that party shall, within seven days after entering his or her appearance,
or within such
further
time as the Court allows, file in the Registry and deliver to the petitioner at
his or her address for service a statement of the grounds on which he or she
intends to rely.
“(2) The statement shall set forth
the grounds in the same manner in which facts relied on to invalidate an
election or return are required to be set forth in a petition.
Particulars
“9. The Court may order a
party to the proceedings upon a petition to deliver to another party
particulars, or further and better particulars, of a matter alleged by that
party.
Trial
“10. (1) The trial of a
petition under this Order shall be held at a time and place to be appointed by
the Court on the application of a party to the petition.
“(2) Fourteen days’ notice of trial
shall be given by the party obtaining the order to the other parties to the
petition, and shall be advertised by the petitioner in some newspaper
circulating in the Territory.
“(3) An order appointing the time
and place of trial may be varied by the Court from time to time.
Withdrawal of petition and
substitution of another petitioner
“11. (1) A petition may be
withdrawn by leave of the Court upon such terms as the Court thinks fit.
“(2) Fourteen days’ notice of the
intention to apply for leave under the last preceding sub-rule shall be given
by the petitioner by advertisement in some newspaper circulating in the
Territory.
“(3) At the hearing of the
application, the Court may allow any other person who was competent to file a
petition on like grounds to be substituted for the petitioner, and the
proceedings upon the petition shall thereupon be continued as if the person so substituted
had been the original petitioner.
Abatement by death of petitioner
“12. When a sole petitioner
dies before the trial of the petition, the Court may allow some other person
who was competent to file a petition on the same grounds to be substituted as
petitioner and the proceedings upon the petition shall thereupon be continued
as if the person so substituted had been the original petitioner.”.
First Schedule
13. The First Schedule to
the Principal Rules is amended by omitting Forms 21, 35 and 36.
Ninth Schedule
14. The Ninth Schedule to
the Principal Rules is amended as set out in the Schedule.
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SCHEDULERule
14
AMENDMENT OF NINTH
SCHEDULE
Form 3:
Omit “on (date)”, substitute “on (date)”.
Form 7:
Omit “by (deponent)”, substitute “by
(deponent)”.
Form 10:
Omit “1CD, of, substitute “1, CD,
of.
Omit “the said CD further say”,
substitute “the said CD, further say”.
Form 14:
Omit from clause 1 “appointed by
the Attorney-General to be”, substitute “registered by the Corporate Affairs
Commission as”.
Form 36:
Omit “notice of intention to be
heard”, substitute “notice of intention to appear”.
NOTES
1.
Notified in the Commonwealth of Australia
Gazette on 6 March 1989.
2.
Statutory Rules 1937 No. 85 as amended to date. For previous amendments see Note 2 to Statutory Rules 1989 No.
18 and see also