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

Statutory Rules 1983 No. 2281

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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 17 October 1983.

R. A. BLACKBURN

Chief Justice

J. J. KELLY

Judge

J. F. GALLOP

Judge

P. G. DINGWALL

Acting Registrar

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Principal Rules

1. In these Rules, “Principal Rules” means the Rules of the Supreme Court of the Australian Capital Territory.

Entry of interlocutory judgment

2.Rule 5 of Order 14 of the Principal Rules is amended by omitting all the words after “interlocutory judgment”.

Entry of interlocutory judgment against defendants not appearing

3. Rule 6 of Order 14 of the Principal Rules is amended by omitting all the words after “so failing to appear”.

 

Entry of interlocutory and final judgment in claim containing liquidated demand

4. Rule 7 of Order 14 of the Principal Rules is amended by omitting all the words after “as the case may be”.

5. After rule 7 of Order 14 of the Principal rules the following rule is inserted:

Trial of action after entry of interlocutory judgment

“7a. Upon the entry of interlocutory judgment under this or any other Order, the action against the defendant against whom such judgment is entered shall, unless the Court or a Judge otherwise orders, proceed to trial on the issue of damages only or of the value of goods only, or on both of those issues, as the case may be.”

Repeal of rule 8 of Order 15

6. Rule 8 of Order 15 of the Principal Rules is repealed

Statements in pleadings

7. Rule 4 of Order 23 of the Principal Rules is amended by omitting all the words after “not in words”.

8. After rule 4 of Order 23 of the Principal Rules the following rule is inserted:

Name of settling counsel to be included in pleadings

“4a. Every pleading which has been settled by counsel shall include, at the end, a statement to the following effect:

This pleading was settled by

Mr (or as the case may be) (name)

of counsel’.”.

Repeal of rule 5 of Order 27

9. Rule 5 of Order 27 of the Principal Rules is repealed.

Damages, detention of goods

10. Rule 4 of Order 31 of the Principal Rules is amended by omitting all words after “interlocutory judgment”.

On default of one or more of several defendants

11. Rule 5 of Order 31 of the Principal Rules is amended by omitting all the words after “against the others”.

Debt or damages and detention of goods or damages

12. Rule 6 of Order 31 of the Principal Rules is amended by omitting all the words after “as the case may be”.

 

13. Order 33 of the Principal Rules is repealed and the following Order substituted:

“ORDER 33

DIRECTIONS

Directions

“1. (1) Any party toa cause may at any time after the issue of the originating process apply for directions.

“(2) Notwithstanding sub-rule (1) the Court or a Judge may at any time give such directions, aid upon such terms, as may be just and expedient, including directions wit) respect to—

(a) pleadings;

(b) particulars;

(c) admissions;

(d) discovery;

(e) interrogators;

(f) inspection of documents;

(g) inspection of real or personal property;

(h) commissions;

(j) examination of witnesses;

(k) place, time and mode of trial; and

(l) the mode by which particular facts may be proved at the trial.

Form of application

“2. (1) Application for directions shall be by motion on notice.

“(2) A party applying for directions shall as far as possible specify in the notice the directions he seeks, but the Court or Judge shall not be limited to giving the directions specified.

Affidavit not to be used

“3. Or an application under rule 1 no affidavit shall be used except by leave of the Court or Judge.

When application to be made

“4. Onthe hearing of the application all parties shall, as far as possible, apply or any directions in the cause which they desire, and any such application made on a later occasion by any party shall, if granted, be granted at the costs of the party so applying, unless the Court or Judge is of opinion that it could not reasonably have been made on the earlier occasion.”.

 

14. After rule 15 of Order 34 of the Principal Rules the following rule is inserted:

Effect of discovery in writing

“15a. A party who makes discovery of documents, whether by affidavit or not, shall be deemed to have received notice to produce at the trial such of the documents as are specified in the affidavit of discovery, or list of documents, as being in his possession, custody or power.”.

15. After rule 17 of Order 34 of the Principal Rules the following rule is inserted:

Effect of inspection of documents discovered by another party

“17a. (1) A party who inspects a document discovered by another party shall, subject to sub-rule (2), be deemed to admit, saving all just exceptions to the admissibility of the document in evidence—

(a) that the document, if described in the affidavit of discovery, or list of documents, as an original document, is an original document and was printed, written, signed or executed as it purports to have been;

(b) that the document, if described in the affidavit of discovery or list of documents as a copy, is a true copy; and

(c) that if the document is described in the affidavit of discovery or list of documents as a copy of one which was served, sent, or delivered, the original was served, sent or delivered as described.

“(2) Sub-rule (1) does not apply—

(a) if the party who inspects the document has by his pleading denied its authenticity;

(b) if the party who inspects the document within 14 days of inspecting it serves on the party giving inspection a notice that he disputes its authenticity or that the original thereof was served, sent or delivered as described; or

(c) if the Court or a Judge so orders.”.

Writs of trial and enquiry abolished

16. Rule 26 of Order 38 of the Principal Rules is amended by omitting all the words after “necessary or used”.

Repeal of rule 27 of Order 38

17. Rule 27 of Order 38 of the Principal Rules is repealed.

Calculation of damages

18. Rule 28 of Order 38 of the Principal Rules is amended by omitting “it shall not be necessary to have an inquiry, but”.

19. Order 42 of the Principal Rules is amended by adding at the end there of the following rule:

Copy of order of Federal Court may be filed

“13. A certified or office copy of an order of the Federal Court of Australia affirming, varying or setting aside a judgment or order of the Supreme Court may be filed in the matter in which the judgment or order of the Supreme Court was made.”.

20. Rules 8 and 9 of Order 54 of the Principal Rules are repealed and the following rule is substituted:

Service of notice of motion

“8. The plaintiff may, without leave, serve any notice of motion or other notice upon any defendant, either with the writ of summons or before or after the time limited for the appearance of such defendant, and whether such defendant has appeared or not.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 October 1983.

2, Statutory Rules 1937 No. 85 as amended to date. For previous amendments see Note 2 to Statutory Rules 1983 No. 26 and see also