Rules of the Supreme Court of the Northern Territory of Australia 1966 (Amendment) (Cth)

Statutory Rules

1974 No. 103

RULES UNDER THE NORTHERN TERRITORY SUPREME COURT ACT 1961-1973.*

I, WILLIAM EDWARD STANLEY FORSTER, the Senior Judge of the Supreme Court of the Northern Territory of Australia, in pursuance of the powers conferred on me by the Northern Territory Supreme Court Act 1961-1973, hereby make the following Rules of Court.

Dated this fourteenth day of June, 1974.

W. E. S. FORSTER

Senior Judge.

_______

Amendments of the Rules of the Supreme Court of the Northern Territory of Australia

Principal Rules.

1. The Rules of the Supreme Court of the Northern Territory of Australia, being Statutory Rules 1966, No. 178, as amended by Statutory Rules 1967, No. 14; 1970, No. 208; 1972, No. 86; and 1974, No. 102, are in these Rules referred to as the Principal Rules.

Commencement.

2. These Rules shall come into operation on 1 July, 1974.

Definitions.

3. Rule 5 of Order 1 of the Principal Rules is amended by omitting from the definition of “Court of Summary Jurisdiction” the words “a Court” and substituting the words “the Court”.

Trial of questions of fact by consent.

4. Rule 9 of Order 37 of the Principal Rules is amended by omitting “proper fees and”.

Dismissal for want or prosecution.

5. Rule 3 of Order 38 of the Principal Rules is amended by omitting “fees and”.

Habeas Corpus where adjournment.

6. Rule 14 of Order 38 of the Principal Rules is amended by omitting “, without payment of any fee”.

Fees and expenses.

7. Rule 12 of Order 43 of the Principal Rules is amended by omitting “, fees,”.

Additional fees and expenses.

8. Rule 13 of Order 43 of the Principal Rules is amended by omitting from sub-rule (1) “, fees” (first occurring) and “registering the judgment, or”.

* Notified in the Northern Territory Government Gazette on 27 June 1974.

 

Issue to be filed.

9. Rule 11 of Order 59 of the Principal Rules is amended by omitting “fees and”.

Searches.

10. Rule 8 of Order 61 of the Principal Rules is amended by omitting “and on payment of the prescribed fee,”.

Deposit for Officer’s expenses.

11. Rule 11 of Order 61 of the Principal Rules is amended by omitting “just fees, charges,” (wherever occurring) and substituting “charges”.

Service of several writs, &c.

12. Rule 29 of Order 64 of the Principal Rules is amended by omitting “mileage” and substituting “time”.

13. Order 68 of the Principal Rules is repealed and the following Order substituted:

“ORDER 68.

“FEES.

Fees.

“1. (1) Subject to this rule, a fee of 30 cents per page is payable to the Master for an office copy of a record of the Court, of a document filed in the office of the Master, or of a plan, map, section drawing, photograph or diagram.

“(2) One copy of each document filed in any proceedings is available, without fee, to each party to the proceedings.

“(3) Except as provided in sub-rule (1), no fee is payable under these rules in respect of any proceedings.”.

Repeal of O. 69, r. 25.

14. Rule 25 of Order 69 of the Principal Rules is repealed.

First Schedule.

15. The First Schedule to the Principal Rules is amended by omitting from Form 54 “rule 14” and substituting “rule 13”.

Third Schedule.

16. The Third Schedule to the Principal Rules is repealed.

Amendments in relation to metric conversion.

17. The Principal Rules are further amended as set out in the Schedule to these Rules.

 

THE SCHEDULE Rule 17

AMENDMENTS OF THE RULES OF THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA IN RELATION TO METRIC CONVERSION

Provisions amended	Omit	Insert
Order 3—
Rule 6 (a) (i)..............................	“200 miles”	“300 kilometres”
Rule 6 (a) (ii).............................	“200 but not more than 400 miles”	“300 but not more than 600 kilometres”
Rule 6 (a) (iii)............................	“400 but not more than 600 miles”	“600 but not more than 900 kilometres”
Rule 6 (a) (iv)............................	“600 miles”	“900 kilometres”
Order 5—
Rule 1(1)...................................	“three miles” (wherever occurring)	“5 kilometres”
Rule 2 ......................................	“three miles”	“5 kilometres”
Order 13—
Rule 4 ......................................	“three miles” (wherever occurring)	“5 kilometres”
Rule 5 ......................................	“three miles”	“5 kilometres”
Order 34, Rule 19..............................	“three miles”	“5 kilometres”
Order 65, Rule 1...............................	“113/4 inches by 81/4 inches”	“297 mm by 210 mm”
The First Schedule, Form 9 ...............	“three miles” (wherever occurring)	“5 kilometres”
The Second Schedule—
Item 17 .....................................	“three miles”	“5 kilometres”
Item 108 ...................................	“two miles”	“3 kilometres”
The Fourth Schedule, Forms 10, 11 and 12	“three miles”	“5 kilometres”