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

Statutory Rules 1981 No. 2961

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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 and by virtue of sub-section 27 (1) of the Service and Execution of Process Act 1901.

Dated 12 October 1981.

R. A. BLACKBURN

Chief Judge

XAVIER CONNOR

Judge

J. KELLY

Judge

B. J. PROCTOR

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.

Commencement

2. These Rules shall come into operation on 1 November 1981.

Mode of commencement

3. Rule 1 of Order 2 of the Principal Rules is amended—

(a) by omitting sub-rule (1); and

(b) by omitting “or in any other specified manner” from sub-rule (2) and substituting “or by petition”.

4. After rule 15 of Order 19 of the Principal Rules the following rule is inserted:

Title of proceedings after change of parties

“15a. (1) In any cause or matter, all proceedings subsequent to the making of an order adding, striking out or substituting a party shall, whether or not sub-rule (2) has been complied with, be entitled according to the effect of the order.

“(2) An order referred to in sub-rule (1) shall be prepared and entered by the party applying for the order or by such party as the Court or Judge may direct.”.

Repeals

5. Rules 18 and 22 of Order 23 are repealed.

Time for delivery of reply

6. Rule 1 of Order 27 of the Principal Rules is amended by adding at the end thereof the following sub-rule:

“(2) It is not necessary for a party to file or deliver a reply that is merely a joinder of issue.”.

Interrogatories

7. Rule 1 of Order 34 of the Principal Rules is amended by omitting sub-rule (5) and substituting the following sub-rule:

“(5) Interrogatories may be delivered by letter setting out the precise terms of the interrogatories.”.

Repeal

8. Rules 5 and 6 of Order 34 are repealed.

9. Rule 11 of Order 34 is repealed and the following rule substituted:

Form of answer

“11. An affidavit in answer to interrogatories shall—

(a) be in accordance with Form 24 in the First Schedule; and

(b) set out, in its precise terms, each interrogatory that, having regard to the terms of the interrogatories is required to be answered and, immediately after it, the answer to the interrogatory.”.

10. After Order 56 of the Principal Rules the following Order is inserted:

“ORDER 56a

“CONSENT ORDERS IN INTERLOCUTORY PROCEEDINGS

Interlocutory order by consent

“1. Where, at the hearing of an application made on motion or by summons, a party to the application who is represented by a solicitor does not appear but the applicant produces to the Court or Judge—

(a) a copy of the notice of motion or summons endorsed with the consent of the solicitor for the first-mentioned party to the making of the order sought; or

 

(b) a document entitled in the cause, signed by the solicitor for the first-mentioned party and expressing the consent of that solicitor to the making of an order in the terms set out in the document,

the Court or Judge may make an order in accordance with the endorsement or the document, as the case may be.

Adjournment by consent

“2. Where, at the hearing of an application made on motion or by summons, a party to the application who is represented by a solicitor does not appear but the applicant produces to the Court or Judge—

(a) a copy of the notice of motion or summons endorsed with the consent of the solicitor for the first-mentioned party to the adjournment of the hearing; or

(b) a document entitled in the cause, signed by the solicitor for the first-mentioned party and expressing the consent of that solicitor to the adjournment of the hearing,

the Court or Judge may adjourn the hearing.

Adjournment without attendance

“3. The adjournment of the hearing of an application on motion or by summons may be ordered without the attendance of any of the parties to the application if, not later than one clear day before the date fixed for the hearing, there is filed a document entitled in the cause, signed by the solicitor for each party to the application and expressing the consent of every such party to the adjournment of the hearing,”.

11. Rules 3 and 4 of Order 60 of the Principal Rules are repealedand the following rule is substituted:

Form of notice of appeal

“3. (1) In an appeal referred to in a paragraph of the Court of Petty Sessions Ordinance 1930 specified in Column 1 of the following table, notice ofappeal shall be in accordance with the form in the First Schedule specified in Column 2 of the table opposite to the reference to that paragraph.

TABLE

Column 1	Column 2
Paragraph 208 (1) (a)................................................................	Form 72
Paragraph 208 (1) (b)................................................................	Form 73
Paragraph 208 (1) (c)................................................................	Form 74
Paragraph 208 (1) (d), (e), (f) or (g)............................................	Form 75
Paragraph 208 (1) (h)................................................................	Form 76

“(2) In an appeal referred to in paragraph (b), (c), (d) or (e) of rule 1 or an appeal referred to in rule 2, notice of appeal shall be in accordance with Form 76 in the First Schedule.”.

 

Application for order nisi

12. Rule 9 of Order 60 of the Principal Rules is amended by inserting “orally” after “made” (first occurring).

13. Order 61 of the Principal Rules is amended by adding at the end thereof the following rules:

Authority of Registrar

“3. The jurisdiction of the Court that is exercisable in accordance with sub-section 8 (1) of the Act may be exercised by the Registrar—

(a) in the hearing and determination of applications under any of the following provisions of these Rules:

Order 4, rule 1

Orders 8, 9, 10, 12, 13, and 14

Order 19, except rules 11 and 37

Order 20, except rules 8, 10 and 11

Orders 21, 22, 23, 24 and 25

Order 26, except sub-rule 2 (4) and rules 8 and 9

Orders 27 and 28

Order 29, rule 4

Orders 30, 31, 32, 33 and 34

Order 40

Orders 46 and 50

Order 56a

Order 64, rules 3 and 5 Order 69

(b) in the hearing and determination of applications for leave under section 16 of the Service and Execution of Process Act 1901.

Reference of application to Judge

“4. (1) If it appears to the Registrar that an application under a provision or enactment specified in rule 3 is proper for the decision of a Judge, the Registrar may refer the application to a Judge.

“(2) Where, under sub-rule (1), an application has been referred to a Judge, the Judge may either hear and determine the application or refer the application back to the Registrar with such directions (if any) as the Judge thinks fit.

Procedure in appeals

“5. (1) The procedure for appeal under sub-section 8 (4) of the Actshall be as follows:

(a) The appeal shall be instituted within 5 days after the date of the decision or order complained of.

 

(b) Except where the application was made ex parte, an appeal shall be instituted by the service of notice of appeal on the respondent and the filing of a copy of notice of appeal.

(c) Where the application was made ex parte, an appeal shall be instituted by the making of a fresh application to the Court or a Judge.

(d) Notice of appeal need not set out grounds of appeal.

(e) Unless otherwise ordered by the Court or a Judge, there shall be at least one clear day between service of the notice of appeal and the hearing of the appeal.

(f) An appeal shall be by way of a re-hearing de novo of the application, but each party may, subject to paragraph (g) and to any proper objections as to admissibility, rely upon any affidavit used, and any evidence given orally, before the Registrar.

(g) Where a party to an appeal requires the attendance of a person for examination at the hearing of the appeal, an affidavit made, or evidence given, by that person may not be used unless the person attends for examination or the Court or Judge grants leave.

“(2) The institution of an appeal under sub-section 8 (4) of the Act does not operate as a stay of proceedings unless the Court, a Judge or the Registrar so orders.”.

Repeal

14. Rule 38 of Order 65 of the Principal Rules is repealed.

Application for administration

15. Rule 14 of Order 72 of the Principal Rules is amended by adding at the end thereof the following sub-rule:

“(2) An affidavit made for the purpose of paragraph (1) (e) shall have annexed to it such birth, marriage, death or other certificates as tend to support the statements made in the affidavit.”.

Amendments of the First Schedule—Forms

16. (1) The First Schedule to the Principal Rules is amended by omitting Form 23.

(2) The First Schedule to the Principal Rules is amended by adding at the end of Form 24—

“(Here set out interrogatories and answers as required by Order 34, rule 11)”.

(3) The First Schedule to the Principal Rules is amended by adding at the end thereof the following forms :

FORM 72

NOTICE OF APPEAL O.60, r.3

IN THE SUPREME COURT OF

THE AUSTRALIAN CAPITAL

TERRITORY No. of 19 .

ON APPEAL FROM THE COURT OF

PETTY SESSIONS

Between

Appellant

and

Respondent

Take notice that the appellant appeals from his conviction by the Court of Petty Sessions on (date) for an offence against (provision of Act, Ordinance or regulations).

Dated 19 .

Appellant (or Appellant’s Solicitor)

To the Clerk of the Court of

Petty Sessions and to the respondent

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FORM 73

NOTICE OF APPEAL O.60, r.3

(Heading as in Form 72)

Take notice that the appellant appeals from the order made against him by the Court of Petty Sessions on (date) in proceedings for an offence against (provision of Act, Ordinance or regulations).

Dated 19 .

Appellant (or Appellant’s Solicitor)

To the Clerk of the Court of

Petty Sessions and to the respondent

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FORM 74

NOTICE OF APPEAL O.60, r.3

(Heading as in Form 72)

Take notice that the appellant appeals from the sentence (or penalty) imposed on him by the Court of Petty Sessions on (date) in respect of his conviction for an offence against (provision of Act, Ordinance or regulations).

OR

Take notice that the appellant appeals from his conviction by the Court of Petty Sessions on (date) for an offence against (provision of Act, Ordinance or regulations)and from the sentence (or penalty) imposed in respect of that conviction.

Dated 19 .

Appellant (or Appellant’s Solicitor)

To the Clerk of the Court of

Petty Sessions and to the respondent

 

FORM 75

NOTICE OF APPEAL O.60, r.3

(Heading as in Form 72)

Take notice that the appellant appeals from the decision of the Court of Petty Sessions in proceedings brought against the appellant, being a decision made on (date) in pursuance of (provision of Act, Ordinance or regulations).

OR

Take notice that the appellant appeals from the order made against him by the Court of Petty Sessions on (date) in pursuance of (provision of Act, Ordinance or regulations).

Dated 19 .

Appellant (or Appellant’s Solicitor)

To the Clerk of the Court of

Petty Sessions and to the respondent

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FORM 76

NOTICE OF APPEAL O.60, r.3

(Heading as in Form 72)

Take notice that the appellant appeals from the order of the Court of Petty Sessions made on (date) upon complaint No.  by (name of complainant) against (name of defendant) whereby the Court ordered that (effect of order).

The appeal is from the whole of the order (or from the part of the order whereby_____________ ).

The grounds of the appeal are—

The appellant seeks to have the following order made in the place of the order (or part of the order) from which the appeal is made:

Dated 19 .

Appellant (or Appellant’s Solicitor)

To the Clerk of the Court of

Petty Sessions and to the respondent

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Amendment of the Third Schedule—Form 1

17. The Third Schedule to the Principal Rules is amended by omitting Form 1 and substituting the following form:

FORM 1

NOTICE FOR PROBATE O.72, r.3

IN THE SUPREME COURT OF THE

AUSTRALIAN CAPITAL TERRITORY

PROBATE JURISDICTION

In the Will of  , late of  ,

deceased.

Application will be made after 14 days from the publication hereof that Probate of the Will dated  of the abovenamed deceased may be granted to , the Executor named in the said Will, and all notices may

be served at

(Solicitor)

(Address)

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 16 October 1981.

2. Statutory Rules 1937 No. 85 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 104 and see also