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

Statutory Rules 1982 No. 2021

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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 18 August 1982.

R. A. BLACKBURN

Chief Justice

J. KELLY

Judge

J. F. GALLOP

Judge

B. J. PROCTOR

Registrar

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Commencement

1. These Rules shall come into operation on 1 September 1982.

Principal Rules

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

Scale of costs

3. Rule 7 of Order 65 of the Principal Rules is amended—

(a) by omitting from sub-rule (1) “fees” (wherever occurring) and substituting “costs”;

(b) by omitting from sub-rule (2) “the first day of July, 1969” and substituting “1 July 1969 and before 1 September 1982”; and

(c) by adding at the end thereof the following sub-rules:

“(8) Notwithstanding sub-rule (1), in respect of an action or proceeding to which this sub-rule applies, a solicitor is entitled to charge, and shall be allowed, two-thirds only of the costs that, but for this sub-rule, he would be entitled to charge and be allowed under this rule, provided that in any case the Court or Judge may order that the costs to be allowed shall be those provided for by sub-rule (1) or such greater proportion thereof as is deemed fit.

“(9) Sub-rule (8) applies to an action or proceeding instituted on or after 1 September 1982 where the amount recovered by the plaintiff by default, judgment or otherwise or the amount claimed against the defendant is less than $10,000.”.

Costs and disbursements where amount recovered less than Petty Sessions limit

4. Rule 7aof Order 65 of the Principal Rules is amended—

(a) by omitting from sub-rule (1) “the first day of July, 1969” and substituting”1 July 1969 and before 1 September 1982”;and

(b) by adding at the end thereof the following sub-rules:

“(3) Subject to rule 1 of this Order, where in an action or proceeding to which this sub-rule applies, the plaintiff recovers, by judgment or otherwise, a sum (exclusive of costs) not exceeding one-half of the limit in point of amount to which the jurisdiction of the Court of Petty Sessions is limited, he shall, unless the Court or Judge otherwise orders, be entitled only to the costs and disbursements to which he would have been entitled if he had instituted the action in the Court of Petty Sessions.

“(4) Sub-rule (3) applies to—

(a) an action or proceeding commenced on or after 1 September 1982 which the Court of Petty Sessions would have had jurisdiction and power to hear and determine; and

(b) an action or proceeding commenced on or after 1 September 1982 which the Court of Petty Sessions would, but for the amount claimed, have had jurisdiction and power to hear and determine,

and to no other actions or proceedings.”.

5. After Order 69 of the Principal Rules, the following Order is inserted:

“ORDER 69a

“APPLICATIONS UNDER PART XIX OF THE COURT OF PETTY SESSIONS (CIVIL JURISDICTION) ORDINANCE 1982

Interpretation

“1. In this Order, ‘the Ordinance’ means the Court of Petty Sessions (Civil Jurisdiction) Ordinance 1982.

 

Mode of commencement of applications

“2. (1) An application under section 279 of the Ordinance shall be made by motion.

“(2) An application under section 281 or 282 of the Ordinance shall be made by motion supported by affidavit.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 August 1982.

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 Nos. 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, 269 and 328.