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

Statutory Rules 1985 No. 691

—————

Rules of the Supreme Court of the

Australian Capital Territory2 (Amendment)

We, Judges appointed under sub-section 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 14 May 1985.

J. J. A. KELLY

Acting Chief Justice

J. F. GALLOP

Judge

P. G. DINGWALL

Registrar

—————

Service

1. Rule 32a of Order 39 of the Rules of the Supreme Court of the Australian Capital Territory is amended—

(a) by omitting from paragraph (3) (a) “and” (last occurring);

(b) by adding at the end of sub-rule (3) the following word and paragraph:

“; and (c) subject to sub-rule (3a), the subpoena shall not, unless the Court otherwise orders, be served later than 6 weeks before the date fixed for the hearing of the cause or matter.”; and

(c) by inserting after sub-rule (3) the following sub-rule:

“(3a) Where a medical expert to whom a notice under sub-rule 32b (1) has been delivered in accordance with sub-rule 32b (2) fails to attend before the Court on the date and at the time specified in the notice, then, notwithstanding paragraph 32a (3) (c), the Court may grant leave for the service of a subpoena on the medical expert.”.

 

2. After rule 32a of Order 39 of the Rules of the Supreme Court of the Australian Capital Territory the following rules are inserted:

Notice in lieu of subpoena to medical expert

“32b. (1) In any cause or matter, a notice specifying the date and time fixed for the hearing and requesting his or her attendance may, subject to sub-rule (2), be delivered to a medical expert in lieu of a subpoena.

“(2) A notice under sub-rule (1)—

(a) may be delivered in the same manner as a subpoena may be served on a medical expert pursuant to sub-rule 32a (1) or (3); and

(b) shall not be delivered later than 6 weeks before the date fixed for the hearing of the cause or matter.

No abridgement of time prescribed for service

“32c. The parties to a proceeding may not, by consent, abridge the time prescribed for service of a subpoena on, or delivery of a notice under sub-rule 32b (1) to, a medical expert.”.

Application

3. The amendments effected by these Rules apply only in relation to causes or matters fixed to be heard at sittings of the Court commencing on or after 15 July 1985.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 17 May 1985.

2. Statutory Rules 1937 No. 85 as amended to date. For previous amendments see Note 2 to Statutory Rules 1985 No. 27 and see also