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

Statutory Rules

1973 No. 149

RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY.*

PURSUANT to the Australian Capital Territory Supreme Court Act 1933-1971, IT IS ORDERED that the Rules of Court of the Supreme Court of the Australian Capital Territory be amended as follows:—

1. Rule 6 of Order 4 is repealed and the following rule inserted in its stead:—

Indorsement of notice as to stay of proceedings E.O. 3 r. 7.

“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 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, 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 $36.50 is claimed in the writ for costs; or

(b) the plaintiff claims taxed costs; or

(c) the action could properly have been brought in the Court of Petty Sessions,

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

“(4) Upon judgment in default of appearance to a writ indorsed pursuant to this rule—

(a) subject to Order 65 Rule 7a, the plaintiff shall be allowed without taxation not more than $46 for costs and also the fees (if any) properly paid for service of the writ; and

(b) a claim for more than $46 for costs (other than service fees) shall be subject to taxation.”.

 

* Notified in theAustralian Government Gazette on 9 August 1973.

  Statutory Rules 1937, No. 85, as amended by Statutory Rules 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; and 1973, No. 95.

 

First Schedule—Forms 2 and 4.

2. The First Schedule is amended—

(a) by omitting the letters and figures “0.3 r.3.” appearing opposite “Form 2” therein and inserting in their stead the letters and figures “0.4 r.5.”; and

(b) by omitting the letters and figures “0.3 r.4.” appearing opposite “Form 4” therein and inserting in their stead the letters and figures “0.4 r.5 and 0.12 r.6.”.

First Schedule—Form 2.

3. Form 2 in the First Schedule is amended—

(a) by omitting the words—

“And the sum of £ [or such sum as may be allowed on taxation], for costs. If the amount claimed is paid to the plaintiff or his solicitor or agent within four days from the service hereof, further proceedings will be stayed.”

and inserting in their stead the words—

“(If the plaintiff’s claim is for a debt or liquidated demand only, the following should appear above the signature)

And the sum of $ [or such sum as may be allowed on taxation], for costs. If the amount claimed is paid to the plaintiff or his solicitor or agent within* , further proceedings will be stayed.”; and

(b) by inserting in the margin “*insert number of days allowed for appearance”.

First Schedule—Form 4.

4. Form 4 in the First Schedule is amended by omitting the words—

“And £ [or such sum as may be allowed on taxation] for costs. If the amount claimed is paid to the plaintiff or his solicitor

Or agent within‡ days from

service§ hereof, further proceedings will be stayed.”

and by inserting in their stead the words—

“(If the plaintiff’s claim is for a debt or liquidated demand only, the following should appear above the signature)

And the sum of $ [or such sum as may be allowed on taxation] for costs. If the amount claimed is paid to the plaintiff

or his solicitor  or agent within‡

days from service § hereof, further proceedings will be stayed.”.

Dated this twentieth day of July, 1973.

R. W. FOX

R. A. BLACKBURN

XAVIER CONNOR

Judges of the Supreme Court of the Australian Capital Territory.

Z. HARTSTEIN

Registrar.