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

Statutory Rules 1981 No. 3281

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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 12 November 1981.

R. A. BLACKBURN

Chief Judge

XAVIER CONNOR

Judge

J. KELLY

Judge

B. J. PROCTOR

Registrar

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Commencement

1. These Rules shall come into operation on 1 December 1981.

2. Rules 4, 5 and 6 of Order 70 of the Rules of the Supreme Court of the Australian Capital Territory are repealed and the following rules substituted:

Juror’s oath

“4. The form of oath to be taken by a person before serving as a juror is the following:

I swear by Almighty God that I shall give a true verdict according to the evidence.

 

Oath by juror on issue of fitness to plead

“5. The form of oath to be taken by a juror impanelled to try whether a prisoner is or is not capable of pleading to an indictment is the following:

I swear by Almighty God that I shall diligently inquire whether A. B. is or is not capable of pleading to the indictment and that I shall give a true verdict according to the best of my understanding.

Oath by person in charge of jury

“6. The form of oath to be taken by a person in charge of a jury is the following:

I swear by Almighty God that I shall keep this jury in my charge, that I shall not allow anyone to speak to any juror and that I shall not speak to any juror myself concerning the issues before the Court.

Oath by person in charge of jurors on a view

“7. The form of oath to be taken by a person in charge of a jury on a view is the following:

I swear by Almighty God that I shall faithfully attend this jury to the place (or property) that the jury has been ordered by the Judge to view, that I shall not allow anyone to speak to any juror concerning the issues before the Court, other than the persons appointed and sworn to show that place (or property) to this jury, and that I shall not speak to any juror myself concerning the issues before the Court.

Oath by person appointed to conduct a view

“8. The form of oath to be taken by a person appointed to conduct a view is the following:

I swear by Almighty God that I shall attend this jury and faithfully show this jury the place (or property) that this jury has been ordered by the Judge to view and that I shall not speak to any juror concerning the issues before the Court otherwise than to describe that place (or property).

Affidavits—form of oath

“9. The form of oath to be taken by the deponent to an affidavit for use in a proceeding is as follows:

I swear by Almighty God that the signature to this affidavit is my signature and that every statement in the affidavit is true.

Court may permit other forms of oaths

“10. If a person objects to taking an oath in accordance with any of the preceding rules of this Order, the person may take an oath that the Court is satisfied is binding on the conscience of the person and is appropriate to the occasion on which it is taken.

 

Affirmations

“11. (1) A person may, instead of taking an oath in accordance with any of the preceding rules of this Order, make an affirmation in the appropriate form.

“(2) For the purpose of sub-rule (1), the appropriate form of affirmation is the form of the corresponding oath, with the substitution of the words ‘I solemnly declare and affirm’ for the words ‘I swear by Almighty God’.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 17 November 1981.

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 and 296.