Rules of the Supreme Court of the Australian Capital Territory (Amendment) (Cth)
RULES OF COURT OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY.*
PURSUANT
to the
“(8) All investments under sub-rule (7) shall form a common fund and no investment shall belong to any particular infant or person of unsound mind.
“(9) The Registrar shall cause to be paid into the common fund all interest earned on investments made from that fund.
“(10) For the purpose of the calculation of interest, money shall be deemed to become part of the common fund—
(a) on the day when the money is paid into Court in pursuance of a judgment or order;
(b) on the day when a judgment is entered or an order is made in satisfaction or part satisfaction of which the money, being already in Court, is available; or
(c) in the case of money in Court on the date of commencement of this sub-rule, (subject to paragraph (b) of this sub-rule) on that date.
“(11) In this rule, the phrase ‘the commencement day’ means, in respect of money in Court standing to the credit of an infant or person of unsound mind, the day on which the money, pursuant to sub-rule (10), is deemed to become part of the common fund.
“(12) The Registrar shall forthwith upon the close of every half-year ending on the 30th day of June or the 31st day of December—
(a) fix, with the approval of a judge, the rate per annum at which interest is to be credited to the accounts to the credit of which money forming part of the common fund was standing at the close of that half-year; and
(b) credit interest at that rate to each of those accounts, as having accrued from day to day from the commencement day or from the close of the last preceding half-year, as the case may be.
“(13) Notwithstanding the provisions of sub-rule (12), interest shall not in any case be computed on fractions of one dollar.
* Notified in the
Statutory Rules 1937, No. 85, as amended by Statutory Rules 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; and 1974, Nos. 25 and 60.
“(14) When any sum is paid out of court (not being a sum the amount of which was specified in an order for payment out) it shall include—
(a) interest credited in accordance with sub-rule (12); and
(b) if the commencement day was after the close of the last preceding half-year, interest calculated at the rate last fixed by the Registrar pursuant to sub-rule (12), as having accrued from day to day since the commencement day.
“(15) With the approval of a judge, the Registrar may, having regard to the actual rate of interest being earned by the common fund, calculate the interest referred to in paragraph 14 (a) at a rate higher or lower than the rate therein referred to.
“(16) Any interest which, after the due crediting of interest pursuant to sub-rule (12), is not credited to any account shall be carried to a reserve fund.
“(17) The reserve fund shall be treated as part of the common fund and may, with the approval of a judge, be used by the Registrar—
(a) in making good the amount by which interest calculated pursuant to paragraph 14 (b) exceeds the amount that would have been payable as interest at the rate subsequently fixed for the half-year in which the relevant payment out of Court was made;
(b) in making good the amount (if any) by which the amount of interest to be credited to the accounts forming part of the common fund during any half-year exceeds the amount of interest earned for that half-year; or
(c) to defray any sundry expenses incurred in administering the funds in Court.
“(18) Interest in the reserve fund that is not used for the purposes set out in sub-rule (17)—
(a) shall be invested as part of the common fund; and
(b) shall not be treated as unclaimed moneys.
“(19) This rule does not prejudice the lien of a solicitor for costs.”.
“ORDER 60
“APPEALS FROM THE COURT OF PETTY SESSIONS
“I.—APPEALS OTHER THAN BY WAY OF ORDER TO REVIEW
“1. Rules 3 to 8 of this Order apply to—
(a) the appeals referred to in section 208 of the
Court of Petty Sessions Ordinance 1930-1974;(b) an appeal under section 75 of the
Landlord and Tenant Ordinance 1949-1973;(c) an appeal under Part V of the
Maintenance Ordinance 1968-1973;(d) an appeal under Part III of the
Small Claims Ordinance 1974;(e) an appeal under section 26 of the
Workmen’s Compensation Ordinance 1951-1973.
“2. Any appeal from a decision of the Court of Petty Sessions or a magistrate thereof, under any statutory provision not mentioned in this Order, shall be instituted by notice of appeal and the procedure therein shall, subject to the terms of that provision and to such directions as the Court or a judge may give on the application of any party thereto, be as nearly as may be in accordance with Rules 3 to 8 of this Order.
“3. The appellant may appeal from the whole or part of the order or conviction under appeal, and the notice of appeal shall state whether the whole or part of such order or conviction is complained of, and in the latter case shall specify the part complained of. The notice of appeal shall state shortly the grounds on which the appellant intends to rely.
“4. Notice of appeal and all subsequent proceedings in appeals shall be entitled ‘In the Supreme Court of the Australian Capital Territory’, ‘On appeal from the Court of Petty Sessions’, and shall also be entitled as between the party appellant and the party respondent.
“5.
The appellant shall file in the office of the Registrar a copy of the notice of
appeal within twenty-one days after the conviction or order under appeal was
made; or, in an appeal under Part III of the
“6. (1) The appellant, within twenty-one days after the time limited for the filing of a copy of the notice of appeal, shall set down the appeal for hearing and give notice of setting down to every respondent.
“(2) In the praecipe to set down the appeal, and in every notice of setting down, the appellant shall state either—
(a) that a transcript of the evidence given in the Court of Petty Sessions, or some specified part thereof, will be required at the hearing of the appeal, and the reasons why such transcript will be so required; or
(b) that no such transcript will be so required.
“(3) A respondent may—
(a) if the appellant under sub-rule (2) of this Rule states that no transcript will be required; or
(b) if such respondent considers that there will be required at the hearing of the appeal a transcript of some specified part of the evidence given in the Court of Petty Sessions being a part other than that specified by the appellant,
within seven days of the service on him of the notice of setting down give notice to the Registrar and to every other party to the appeal that a transcript of such evidence or of some specified part thereof will be so required.
“(4) A respondent may, if the appellant is in default in setting down the appeal, apply to the court by motion on notice for an order dismissing the appeal for want of prosecution.
“(5) The appeal shall, unless the court or a judge otherwise orders, be heard not less than twenty-one days after it is set down.
“7. It shall not be necessary for a respondent to give notice of cross appeal, but if a respondent intends upon the hearing of an appeal to contend that the decision appealed from should be varied, he shall within fourteen days after service on him of the notice of appeal, give notice of his intention to such of the parties as are or may be affected by the contention. The omission to give such notice shall not diminish the powers of the Court when hearing the appeal, but may, in the discretion of the Court, be ground for an adjournment of the appeal or for a special order as to costs. A copy of the notice shall be filed.
“8.
(1) In an appeal under Part III of the
“(2)Affidavits intended to be used upon applications for leave
to appeal, and orders giving leave to appeal, shall be entitled ‘In the Supreme
Court of the Australian Capital Territory’, and in the matter of the
“ II.—APPEALS BY WAY OF ORDER TO REVIEW
“9. Application for an order
“10. The application shall be made within twenty-one days after the pronouncing of the decision to which the application relates.
“11. Affidavits for use on the application shall be entitled
‘In the Supreme Court of the Australian Capital Territory’ and in the matter of
the
“12. An order nisi to review shall be in accordance with Form 71 in the First Schedule.
“13. Within seven days after the making of the order nisi to review, the order nisi and affidavits in support of the application therefor shall be served on each person called upon to show cause or on a solicitor who accepts service on his behalf, or as the Court or a judge may direct, and left with the Clerk of Petty Sessions.
“14. An application to revoke an order nisi shall be made by motion on notice supported by affidavit served on the applicant for the order nisi and any person to whom the Court or judge has directed that notice be given under Rule 10.
“III.—RULE APPLICABLE TO ALL APPEALS
“15. (1) In this rule, a reference to a transcript of the evidence given in the Court of Petty Sessions includes a reference to a document which was an exhibit in the Court of Petty Sessions.
“(2) Subject to sub-rule (3), the Registrar shall, as soon as possible after—
(a) the time limited for the giving of the notice referred to in sub-rule 6 (3) of this Order; or
(b) the order nisi to review,
(as the case may be) cause to be filed a copy, certified by him as correct, of the proceedings in which the order, conviction, or decision under appeal was made.
“(3) The Registrar shall include in the proceedings copied and filed under sub-rule (2) a transcript of the whole, or of such part, of the evidence given in the Court of Petty Sessions, as he may think appropriate having regard to the praecipe to set down the appeal and to any notice given under sub-rule 6 (3) of this Order, or to the order nisi, as the case may be; and in his discretion may exclude any document.
“(4) The Court or a judge may, on the application of any party to the appeal, or of its or his own motion, order that a transcript of the whole or any part of such evidence be included in the proceedings copied and filed.
“(5) Each party to the appeal shall be entitled to one such copy of the proceedings, on application to the Registrar.
“(6) A party shall file, and also deliver to each other party, a copy of every document, other than a document being part of the proceedings in the Court of Petty Sessions, which he intends to use at the hearing of the appeal.”.
“(4) The total amount which may be claimed under the Fourth Schedule (except under item 104 or item 105 of that Schedule) in respect of business done on and after 21st October 1974 is increased by 40 per centum.”.
‘Form 71
ORDER NISI TO REVIEW A DECISION OF THE COURT OF PETTY SESSIONS
In the Supreme Court
of the Australian
Capital Territory
On Appeal from the Court
of Petty Sessions
Between
Appellant
and
Before the Honourable Mr Justice Respondent
Upon hearing for the appellant and upon reading the
affidavit of sworn the day
of 19 ,
and filed herein, it is ordered that the respondent show cause before the Supreme
Court of the Australian Capital Territory on the day
of 19 , why the
decision of the Court of Petty Sessions [
And it is further ordered that
DATED THIS day of 1974.
Registrar”.
DATED THIS tenth day of October, 1974.
R. W. FOX
R. A. BLACKBURN
XAVIER CONNOR
Judges of the Supreme Court of the Australian Capital Territory.
P. SAXBY
Acting Registrar.
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