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

Statutory Rules

1980 No. 214

RULES OF COURT UNDER THE AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 19331

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 this twenty-second day of July 1980.

R. A. BLACKBURN

Chief Judge

XAVIER CONNOR

Judge

J. KELLY

Judge

Z. HARTSTEIN

Registrar

AMENDMENTS OF THE RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY2

Principal Rules

 1. The Rules of the Supreme Court of the Australian Capital Territory are in these Rules referred to as the Principal Rules.

 2. (1) Rule 6 of Order 4 of the Principal Rules is repealed and the following rule substituted:

Indorsement of notice as to stay of proceedings

• “6.

  (1) Wherever the plaintiff’s claim is for a debt or liquidated demand only, the indorsement, besides stating the nature of the claim—

  • (a)

    shall state the amount claimed;

  • (b)

    shall state a specific amount claimed for costs and disbursements or state that the plaintiff claims taxed costs; and

  • (c)

    shall state that upon payment, within the time allowed for appearance, of the amount claimed, together with the specific amount (if any) claimed for costs and disbursements, further proceedings will be stayed.

• “(2)

  Upon payment by the defendant in compliance with such indorsement, all further proceedings in the action shall be stayed, except taxation of costs pursuant to this rule and execution to recover such costs.

• “(3)

  If—

  • (a)

    more than $174 is claimed in the writ for costs and disbursements;

  • (b)

    the plaintiff claims taxed costs; or

  • (c)

    the action could properly be brought in the Court of Petty Sessions,

the defendant may, notwithstanding a payment which complies with paragraph (1) (c), have the costs taxed and, if more than one-sixth is disallowed, the plaintiff’s solicitor shall pay the costs of taxation, and execution may issue for any amount by which the sum paid by the defendant for costs and disbursements exceeds the sum allowed on taxation.

• “(4)

  Upon judgment in default of appearance to a writ indorsed in accordance with this rule—

  • (a)

    subject to Order 65, rule 7A, the plaintiff shall be allowed without taxation not more than $198 for costs and disbursements and also the fees (if any) properly paid for service of the writ; and

  • (b)

    a claim for more than $198 for costs and disbursements (other than service fees) shall be subject to taxation.”.

• (2)

  The amendment effected by sub-rule (1) applies to writs issued on or after 1 August 1980.

Debt or damages and detention of goods or damages

 3. Rule 6 of Order 31 of the Principal Rules is amended by omitting “or damages only” and substituting “for damages only or for the value of the goods only”.

Repeal

 4. Rule 1 of Order 38 is repealed.

 5. Rule 11 of Order 68 of the Principal Rules is repealed and the following rule substituted:

Poundage

• “11.

  (1) In the execution of process, poundage is chargeable under a writ of fieri facias or a writ of venditioni exponas on the money obtained by the seizure at the rate of 5 per cent up to $200, and at the rate of 21/2 per cent for the excess when the money so obtained exceeds $200, and under a writ of possession at the rate of 5 per cent on the annual value of the property delivered up to $200 and at the rate of 21/2 per cent for the excess when the annual value exceeds $200.

• “(2)

  The Sheriff shall, as far as practicable, levy the poundage and other fees and the expenses of the execution in addition to the amount directed to be recovered.”.

Repeal

 6. Rule 24 of Order 72 of the Principal Rules is repealed.

First Schedule—Form 61

 7. The First Schedule to the Principal Rules is amended by omitting Form 61 and substituting the following form:

FORM 61

RECEIVER’S ACCOUNT

 

(see hard copy)

Repeal

 8. The Sixth Schedule to the Principal Rules is repealed.

Formal amendments

 9. The Principal Rules are amended as set out in the Schedule.

SCHEDULERule 7

FORMAL AMENDMENTS

Provision amended		Amendment
Order 13, rule 4........................		Omit “three miles” (wherever occurring), insert “5 kilometres”
Order 13, rule 5........................		Omit “three miles”, insert “5 kilometres”
Order 14, rule 3........................		Omit “five pounds per centum”, insert “10 per cent”
Order 19, rule 39......................		Omit “judgment order”, insert “judgment or order”
Order 26, sub-rule 4 (2).............		Omit “seven”, insert “14”
Order 34, rule 19......................		Omit “three miles”, insert “5 kilometres”
Order 38, rule 17......................		Omit “, without payment of any fee”
Order 43, rule 15......................		Omit “5 pounds per centum”, insert “10 per cent”
Order 43, rule 16......................		(a) Omit “£” first and second occurring), insert “$”
(b) Omit “£5 per centum”, insert “10 per cent”
Order 52, rule 18......................		Omit “£500”, insert “$1,000”
Order 52, rule 20......................		Omit “£5 per centum”, insert “5 per cent”
Order 55, rule 11......................		Omit “£50”, insert $100
Order 55, rule 36......................		Omit “£50”, insert $100
Order 55, rule 41......................		Omit “under Order 41”
Order 58, rule 47......................		Omit “£5 per centum”, insert “10 per cent”
Order 58, rule 48......................		Omit “£5 per centum”, insert “10 per cent”
Order 58, rule 49......................		Omit “£5 per centum”, insert “10 per cent”
Order 59, rule 7........................		Omit “and the number of jurors (if any) with which”
Order 59, rule 9.......................	Omit “High Court”, insert “Federal Court of Australia”
Order 65, rule 41......................	Omit “One shilling”, insert “10 cents”
Order 65, rule 42......................	Omit “Three pounds three shillings”, insert “$6.30”
Order 66, rule 1.......................	Omit all words after “in writing”, insert “upon one side only of white paper of the size known as International Paper Size A4 of good and durable quality, with a quarter margin”
Order 68, rule 3.......................	Omit “£50 pounds”, insert “$100”
Order 72, paragraph 6 (1) (a)....	Omit “twenty-one years”, insert “eighteen years”
Order 72, paragraph 14 (a)........	Omit “twenty-one years”, insert “eighteen years”
Order 75, rule 22......................	Omit “three miles”, insert “5 kilometres”
Order 75, rule 116....................	Omit “whosoever”, insert “whosesoever”
First Schedule—
Form 19..............................	Omit “£” (wherever occurring), insert “$”
Form 20..............................	Omit “£”, insert “$”
Form 28..............................	Omit “£100”, insert “$200”
Form 37..............................	Omit “£”, insert “$”
Form 51..............................	(a) “£” (first and second occurring), insert “$”
(b) Omit “£5 per centum”, insert “10 per cent”
Form 54..............................	(a) Omit “£” (except where it occurs as part of the expression “£5 per centum”), insert “$”
(b) Omit “£5 per centum” (wherever occurring), insert “10 per cent”
Form 60..............................	Omit “£”, insert “$”
Form 67..............................	Omit “193”, insert “19”
Third Schedule—
Form 6................................	Omit “£”, insert “$”

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 July 1980.

2. Statutory Rules 1937 No. 85 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 210 and see also