Rules of the Valuation Court (ACT)
G E O R G E H E R B E R T P I K E , Judge of the Valuation Court
pursuance of the powers conferred upon me by the said Rates I , constituted under the Bates Ordinance 1926-1929, do hereby in Ordinance make the following Rules for regulating the procedure of the said Court, and for carrying out the provisions of the said Rates Ordinance.
G. H E R B E R T P I K E .
THE TERRITORY FOR THE SEAT OF
GOVERNMENT.
RULES OF THE VALUATION COURT.
As of Monday, the second day of September, 1929.
Pursuant to the Rates Ordinance 1926-1929 it is ordered as
follows:—
RULES OF COURT.
Seal of Court.
1. The official seal of the Court shall have a device and impression of the Royal Crown, with a label surrounding the device with the inscription " Terri tory for the Seat of Government. Seal of the Valuation Court."
Vacations and 2. The vacations and holidays of the Court shall be those in force holidays. for the time being applicable to the High Court of Austral ia : Provided that if the Judge deems it necessary, business may be taken during vacation.
DUTIES OF REGISTRAR, E T C .
RegiQtrar, &c, 3. The Registrar, Deputy Registrar, and all other officers.appointed for the service of the Court shall, subject to the Rates Ordinance of Court. under control
1926-1929, be under its full control, and in the performance of their respective duties shall conform to the directions which the Judge may from time to time give or cause to be given in that behalf.
Office of
4. An office shall be kept open to the public by the Registrar at Provided that the office shall be closed on Saturdays, Sundays and public holidays, or any day appointed by the Judge for closing the office.
Registrar. Canberra from 10 a.m. unti l 4 p.m.: Registrar to 5. The Registrar shall have charge of the records of the Court. have charge of records. Records and 6. (1) The Registrar shall keep the following books or records, books. that is to say:— (a) A register of all objections furnished to the Court ;
(b) A register of all fees paid into the Court ;(c) A record of all judgments, orders, and findings of the Court,
certificates, shall be signed by the Judge or Registrar, and be under the seal of <fec. the Court. sittings of Notice of 9. (1) The Registrar shall give not less than fourteen days' notice Court at which any objection or other matter is set down to be heard. Court.
to all parties concerned of the date, time, and place of sittings of the other than orders or decisions on motions or in inter-
locutory mat ters ; (d) A record of all orders and decisions on motions and in
interlocutory mat ters ; and
(e) A record of all notices published or otherwise given.
(2) Those books and records shall be kept in due and proper form and entries therein shall be made at the time when the matter for entry arises.
Issue of 7. (1) Certificates, summonses, orders, and other documents shall be (2) Any notices required to be given to the Registrar, and any affidavits or other documents required to be filed with the Registrar shall be delivered or transmitted to him at that office. certificates, issued at the Registrar 's office on payment of the respective fees con- Ac. tained in the Firs t Schedule to these Rules. Signature of Section 38. 8. Any certificate, summons, order, or other process of the Court (2) The notice shall be in accordance with or to the effect of Form 1 in the Second Schedule to these Rules, and be prepared by the Registrar in duplicate, and service thereof upon any par ty shall be effected in the manner prescribed by these Rules.
(3) One copy of the notice shall be filed by the Registrar and an endorsement made thereon showing the time and mode of service.
(4) Notwithstanding anything contained in this rule, the notice shall not be necessary in the case of the hearing of any interlocutory or urgent matter, unless otherwise ordered by the Judge, or where the Court sits for the purpose of delivering any reserved judgment, finding, or other decision, but an intimation to the parties concerned, in such manner as the Judge may direct, shall be deemed sufficient notice.
(5) Notwithstanding anything contained in this Rule, the Court may hear any objection or other matter in which less than the prescribed notice has been given, if the Judge is of opinion that the parties thereto have not in any way been prejudiced by the giving of less than the prescribed notice.
giving notice to the Registrar in accordance with, or to the effect of, ° ^ec lon' 10. (1) Any par ty may withdraw his objection or other matter by withdrawal of Form 2 in the Second Schedule to these Rules, not less than seven days before the date fixed for the commencement of the sittings of the Court at which the objection or other matter would in due course come on for hearing, and on receiving the notice the Registrar shall inform the other parties. Any objection or other matter may also be withdrawn on application to the Court when the case is before the Court.
(2) I n any case of withdrawal the Court may, if it sees fit, allow costs against the par ty so withdrawing.
Schedule to these Rules, the Registrar shall supply to any par ty apply- eTldence'<tc- 11. On payment of a fee in accordance with the scale in the First copies of ing to him therefor in writing, copies of all evidence and documents in
a case.
a record to be taken of all evidence presented to the Court on the evMence- 12. The Registrar shall, in manner as directed by the Judge, cause Record of hearing of any objection, or other matter, unless the Judge otherwise
orders.
13. All summonses shall be in accordance with Form 3, or Form 4, Summonses.
ill the Second Schedule to these Rules, as the circumstances of the case require, and shall be issued by the Registrar on the written application of any par ty and payment of the prescribed fee.
MODE OF SERVICE, E T C .
personal, and at the time of the service payment or tender shall be senice- 14. Service of all summonses shall, wherever i t is practicable, be Personal made of reasonable expenses to the person so served.
to be served on or given to any party, and as to which no mode of no0c l s . &c- 15. Any notice, proceeding, or document required by these Rules service of service or giving is prescribed by these Rules, may be so served or
given by delivering the notice, proceeding or document to the person on whom it is to be served or given, or by delivering it at the residence or place of business of that person or by sending it by post, prepaid, addressed to that person at his address as appearing on the records, and in default of that address therein appearing, to his last-known residence or place of business; and any such notice, proceeding, or document, if served or given by post, shall, unless the contrary be proved, be deemed to have been served or given at the time when the letter containing the notice, proceeding or document would have been delivered in the ordinary course of post; and in proving the service or giving by post of the notice, proceeding or document i t shall be sufficient to prove that it was properly addressed and posted :
Provided that for the purposes of this Rule a " place of business " shall not be deemed to be the place of business of the person to be served or given unless he is the master or one of the masters thereof.
16. Where a par ty is represented by a solicitor, all notices, proceed- service on
ings or documents, required by these Rules to be served upon that party, solicitor,
may be served upon his solicitor in any manner prescribed in the last
preceding "rule, and that service shall be deemed good service upon the
par ty for whom the solicitor ac ts :Provided that this rule shall not apply in any case where there is anything in the context or the nature of the case to show that the par ty himself was intended to be served.
Notice of
17. Where a party acts in person, he shall not afterwards be deemed to be represented by a solicitor for the purpose of service, within the last preceding rule, unless and until he has given to the Eegistrar, and to the other parties, notice by the solicitor that the solicitor is authorised to act as his solicitor.
authority to lollcltor. Change of solicitor. 18. !N"o solicitor shall be changed without the order of the Judge. Substituted service. 19. Where for any reason service is unable to be effected in accordance with these Rules, the Judge may give such direction for substituted service, or otherwise, as may in his opinion be best suited to the circumstances of the case, and on any such direction being carried out, service shall be deemed to have been effected. Production of books, <fec. 20. (1) When a summons in accordance with Form 3 in the Second Schedule to these Rules to produce books, papers, deeds, plans, maps or documents before the Court is served upon the Permanent Head of any Government Department or the officer in charge of any sub- Department, or the Commission, those books, papers, deeds, plans, maps or documents may be forwarded to the Associate. (2) The production of those books, papers, deeds, plans, maps or documents by the Associate upon the hearing of any objection or other matter when the books, papers, deeds, plans, maps or documents are formally called for, shall be deemed to be a production by the Per- manent Head or officer in charge who has been summoned to produce the books, papers, deeds, plans, maps or documents, or by the Com- mission, a9 the case may be. (3) Whenever any book, paper, deed, plan, map or document produced by, or forwarded to the Associate by the Permanent Head of any Government Department, or the officer in charge of any sub- Department, or by any of the officers of a Government Department or sub-Department or by the Commission, is put in as an exhibit at the hearing of any objection, or other matter, at the conclusion of the hearing the Associate shall, on request, hand out the exhibit to an officer of the Department or sub-Department by which it was produced, or of the Commission, as the ease may be, unless the Judge otherwise orders. (4) At the time of handing out the exhibit, the Associate shall obtain an undertaking, signed by the Permanent Head of the Department or sub-Department by which the exhibit was produced, or by the Secretary to the Commission, to return the exhibit to the Associate whenever called upon prior to the final determination of the objection or other matter. MOTIONS.
Matters which 21. Matters of the following kinds may be brought before the Court with on motion, or the Judge sitting in Chambers, and dealt with on motion:—
(a) The settling of the terms of any certificate of the order of
the Court;
(b) The reviewing of any decision of the Registrar in respect
of costs;
(c) The settling of the terms of any ease for the High Court;
(d) Any application for leave to adduce fresh evidence before
the Court in any matter;
(e) Any application that any objection or other matter may be
heard at a particular place or elsewhere than may have been previously ordered or set down; (/) Any application to postpone any matter, or for further time
to comply with any rule or order;
(g) Any application for an interlocutory order not otherwise
provided for; and
(h) Any other matter which the Rules prescribe or the Court
may allow so to be dealt with.
Notice ot 22. (1) Not less than seven days' notice of any motion shall be motion. given to the Registrar and to the other parties concerned, and, except in eases (a) and (&) within the last preceding rule, or where otherwise provided in these Rules or ordered by the Judge, the grounds on which the application is based shall be stated in the notice and supported by affidavit. {%) The formal parts of any such notice of motion shall be in accordance with Form 5 in the Second Schedule to these Rules. (3) Nothing in this Rule shall prevent the Court from dealing, if it sees fit, and on such terms as it deems just, with ' any application, request, or matter under these Rules, made or arising when the case is before the Court, notwithstanding that the prescribed notice may not have been given, or not given in the prescribed manner, or within the prescribed time, or notwithstanding that the required affidavit may not have been made. 23. Any affidavit used in any such motion shall be filed with the service of
Registrar, and a copy thereof shall be served on the other parties concerned not less than four days before any such motion comes on to be heard, and affidavits in answer or reply may in like manner be filed and served but without limit as to time.
SPECIAL CASE FOB H I G H COUBT.
24. (1) "Within twenty-eight days, or such further time as may Notice to state
have been allowed by the Court for the purpose, from the making of any order or the hearing of any objection, any par ty may lodge with the Registrar a notice requiring the Court to state a case for the High Court:
(2) Every such notice shall, except when given by the Commission
or the Commonwealth, be accompanied by a deposit of £20 as security
for any costs that the person giving the notice may be ordered to pay.
(3) At or after the lodging of the notice, but before the expiration
of fourteen days after the expiration of the twenty-eight days or further
time allowed by the Court, that person shall furnish to the Registrar adraft of the case to be thereafter settled by the Court, and shall also
serve on the other par ty a copy of the draft.
25. I f a person requiring the Court to state a case for the High Failure to
unnecessary delay, or to perform any condition or matter prescribed by 6ettIement- Court fails to bring the case before the Court to be settled without beforeTourt for the last preceding rule, the Court may refuse to state the case, and may order the deposit or any par t thereof to be forfeited, and the other parties concerned may thereafter proceed as if the application for a statement of a case had not been made.
the High Court, a copy of the case proposed to be stated shall, on appli- Conrt ' 26. When the Court desires of its own motion to state a case for case stated by cation, be furnished by the Registrar to each of the parties concerned, and the Registrar shall give not less than seven days' notice in accordance with F o r m 6 in the Second Schedule to these Rules of the day appointed by the Court for the settling thereof, and the Court shall thereafter proceed to hear the parties and to settle the terms of the case.
Court thereon, the Court shall (if the Court considers that the rescission C8Se 9tated- 27. When any case has been returned with the decision of the High Eetnrn of or any amendment of its order or orders may be necessary or expedient under the decision) appoint a day for the making of any order or orders which may be proper for the carrying out of the decision of the High Court, and the parties shall be heard as to the nature of the order or orders which may be required.
28. Any notice or other documents which any par ty is required by service on
these Rules to give to, or serve upon, any other par ty concerned in commonwealth.
connexion with any motion or special case shall, in the case of the
Commonwealth, be given to or served upon the Commonwealth CrownSolicitor.
CEBTIFICATE OF OBDEB FOB PAYMENT OF M O N E T .
29. Any order of the Court for the payment of money as costs or order to take efUet0,f0m otherwise shall, as between par ty and party, take effect from the issue I of a certificate thereof: certificate. Provided that any certificate issued by the Registrar may upon cause shown be rectified or amended by the Court.
30. The Registrar shall prepare a draft certificate of any such Draft
order, and give notice to the parties concerned of an appointed day when certificate,
they may attend before him, and if so advised, may take exception tothe terms thereof.
31 . Upon the day appointed the Registrar shall settle the terms of Settlement of
such certificate, and on issuing a certificate shall sign it and affix thereto ^ t a ^ t e .
the seal of the Court.
32. I f a certificate so settled by the Registrar does not properly set stay of issne.
forth the order of the Court, any par ty to the proceeding may there and then require the issue thereof to be stayed for seven days, and may within that period apply upon motion to have the terms thereof settled by the Court.
with Form 7 in the Second Schedule to these Rules, with such varia-c e r t m c a t e- 33. The formal parts of any such certificate shall be in accordance Form of tions as the circumstances require, and the other parts thereof shall be
according to the order in that behalf by the Court.
34. A duplicate of every certificate so issued shall be filed by the Duplicate to be
Registrar. fllcd-
DISCOVERT.
| Discovery. | 35. (1) Any par ty to an objection or other matter may, without an affidavit, apply to the Judge for an order directing any other par ty to make discovery on oath of all the books, papers, deeds, plans, maps and documents which are, or have been in his or its possession or power relating to any matter in question in the objection or other matter. |
| (2) The party against whom such an order has been made shall make an affidavit specifying the books, papers, deeds, plans, maps and documents which he has, or has had, in his possession or power, and also which, if any, of those books, papers, deeds, plans, maps and documents he objects to produce; and that affidavit shall be in accordance with Form 8 in the Second Schedule to these Rules, with such variations as circumstances require. |
PRODUCTION AND INSPECTION.
| Notice to | 36. (1) Any party desirous of inspecting any books, papers, deeds, plans, maps and documents referring to any matter in question in the objection or other matter before the Court, to the production of which that party is entitled for the purposes of the proceeding and which is in the possession, or power, or under the control of the other party, shall be entitled at any time to give notice in writing to such other party to produce that document for the inspection of the party giving the notice, or of his solicitor, and to permit that party or his solicitor to take copies thereof. |
| produce. | |
| (2) The party to whom the notice is given shall, within four days from the receipt of the notice, deliver to the party giving the notice, a notice stating a time, within three days from the delivery thereof, at which the books, papers, deeds, plans, maps and documents or such of them as he does not object to produce, may be inspected at the office of his solicitor or at a place within a reasonable distance of the Court- house at which the matter is set down to be heard, or in the case of bankers' books or other books of account or books in constant use for the purposes of any trade or business, at their usual place of custody, and stating which, if any, of the documents he objects to produce and on what grounds. | |
| Failure to give | 37. If the party served with a notice under the last preceding rule omits to give the notice of a time for inspection required by the last preceding rule, or objects to give inspection, or offers inspection elsewhere than as provided by that rule, the Judge may, on the applica- tion of the party desiring it, make an order for inspection in such place and in such manner as he thinks fit, and, except in the case of books, papers, deeds, plans, maps and documents referred to in the particulars, notices, or affidavits of the party against whom the application is made or disclosed in his affidavit of books, papers, deeds, plans, maps and documents, the application shall be founded upon an affidavit showing of what books, papers, deeds, plans, maps and documents inspection is sought, that the party applying is entitled to inspect them, and that they are in the possession or power of the other party. |
| Inspection. |
INTEEBOGATOEIES.
| Leave to me 38. (1) Any par ty to an objection or other matter may apply to the |
n erroga r es. j u ( ] g e £ o r ] e a v e t 0 fQe interrogatories for the examination of any other party, and the other par ty shall by affidavit answer the interrogatories within such time as the Judge orders.
(2) !N"o exceptions shall be filed to any affidavit in answer to inter- rogatories, but the sufficiency or otherwise of any such affidavit shall be determined by the Court on motion to be filed within seven days after the service of the affidavit.
(3) The motion shall specify the passages in the affidavit which are alleged to be insufficient, scandalous, impertinent, or as the case may be.
(4) Upon the hearing of the motion the Court may order a further affidavit to be filed, or that the deponent be examined viva voce.
| Failure to | 39. If any party fails to comply with an order to answer interro- |
| Stemgatories, gatories, or for the discovery or inspection of books, papers, deeds, plans, | &c |
| - | maps and documents, he, or if the Commission is the party failing so to comply, the Secretary to the Commission, shall be liable to attachment, and the party shall also, if an objector, be liable to have proceedings stayed until compliance, and, if a respondent, to be placed in the same position as if that party had not appeared as respondent. |
ADMISSIONS.
40. (1) Any par ty may by notice in writing, at any time not later Eight to
.than, eight clear days before the day for which notice of hearing shall be, aSntaionB.
or has been given, call on any other par ty to admit, for the purposes of
the objection, or other matter before the Court only, any specified fact
or facts mentioned in the notice.(2) I n case of refusal or neglect to admit the fact or facts within five days after service of the notice, or within such further time as is allowed by the Court, the costs of proving the fact or facts shall be paid by the par ty so neglecting or refusing whatever the result of the objection or other matter may be, unless at the hearing the Court certifies that the refusal to admit was reasonable or unless the Court at any time otherwise orders or directs.
41 . (1) Any admission made in pursuance of the notice referred ^^njo"ot
to in the last preceding rule is to be deemed to be made only for the purpose of the particular objection or other matter before the Court, and not as an admission to be used against the party on any other occasion, or in favour of any person other than the par ty giving the notice.
(2) The qualifications or limitations, if any, subject to which any admission is made must be clearly and concisely set out.
(3) The Court may at any time, on such terms as are just, allow any par ty to amend or withdraw any admission so made.
E N D O B S E M U N T OF DOCUMENTS.
42. Every document filed by a par ty shall be endorsed with the Endorsementa.
title of the matter and short description thereof, and also with the name and address of the par ty filing the document or his solicitor, if he be so represented.
"W ABB ANTS.
Eorm 9 or 10 in the Second Schedule to these Rules (as the circum- warran • 43. Any warrant issued by the Court shall be in accordance with Form of stances require) or to the effect thereof.
AMENDMENTS.
44. An application to amend defects and errors in any objection, Amendments,
or other matter before the Court may be made to the Court at any time prior to the hearing by motion, in accordance with the Rules for the time being in force as to interlocutory applications, or at the hearing.
HEABING.
shall, as far as practicable, conform to the practice prevailing in the speeo M' 45. The number and order of addresses on the hearing of any matter Order of H igh Court. not being a barrister or solicitor of the High Court or of the Supremo ° ag™ ' 46. I n any case in which a par ty desires to be heard by an agent, Appointment Court of a State retained for the purpose, an instrument in writing duly appointing the agent and defining the limits of his authority, if any, to bind the par ty in respect of the giving of consents and the making of submissions and compromises, shall previously be filed with the Registrar.
COMPUTATION OF T I M E , E T C .
47. Whenever in any Rule the words " clear days " are used, the clew days,
days shall be reckoned exclusively of Sunday and of Christmas Day or Good Friday, when intervening, and exclusively both of the day of the notice (or as the ease may be) and of the day on which the thing or matter is to be done or to come on to be heard (or as the case may be) , but not exclusively of any other day or days.
inclusively of the day of notice (or as the case may be) , and exclusively dsys ' 48. I n all other cases a specified number of days shall be reckoned Beckoning of only of the day of performance or hearing (or as the case may be) .
between Thursday next before and the Wednesday next after Easter rec one ' 49. Christmas Day and the three following days, and the days D»y« not Day, shall not be reckoned or included in any notices or other proceed- ings, except notices of hearing.
50. When the time for doing any act or taking any proceeding Time,
expires on a Sunday, or Court holiday, and by reason thereof the act or proceeding cannot be done or taken on that day, the act or proceed- ing shall, so far as regards the time of doing or taking the act or proceeding, be held to be duly done or taken rf done or taken on the next day which is not a Sunday or Court holiday.
COSTS, TAXATION, AND COURT FEES.
Taxation of 51. In any case in which the Court orders costs to be paid by any
party and directs them to he taxed they shall be taxed according to the
Eules and Scale of Costs referred to in the next succeeding rule.costs. High Court rales to apply.
52. In assessing and allowing costs payable to any party under the order of the Court, the Eegistrar shall be guided and shall act in accordance with the Eules of the High Court applicable to costs and in force for the time being, so far as they are applicable:
Provided that any party dissatisfied with the certificate of the
Eegistrar, as to any item, may, within fourteen days, from, the date of
the certificate, apply under rule 21 of these Eules for a review thereof.Fees.
53. The fees to be demanded by and paid to the Eegistrar shall be those set out in the First Schedule to these Eules, but shall not be payable by the Commission or the Commonwealth.
Applications where no form
54. Where any Court fees are payable in respect of any matter or thing to be done by any officer or in any office of the Court, and it has not' been customary or necessary to use any written or printed document or paper in reference to the matter or thing, the party, or his solicitor or agent, requiring the matter or thing to be done, shall make application therefor by lodging a request in writing for the performance of the matter or thing.
prescribed MISCELLANEOUS.
Enlargement
or abridgment 55. Any period of time limited by these Eules for the performance of time. of any matter may, upon cause shown, be enlarged, shortened, or other-
wise varied by the Court.Directions as to 56. I n any case in which it may be found that a direction as to procedure is required, and that the provisions of these Eules are not applicable or sufficient, the Court may in each such case give directions as to the course to be adopted, and the parties shall proceed accordingly. procedure. Directions as to 57. (1) Whenever the practice or procedure in any matter is not provided for by these Eules or by the Rates Ordinance 1926-1929, and provision has not been made in the Rates Ordinance 1926-1929 or by rules thereunder, application may be made ex parte to the judge for all necessary directions. practice and procedure. (2) Written notice thereof shall, where practicable, be given to the Eegistrar setting out briefly the matter upon which the directions are sought. Acta of 58. Where anything is, by or under these Eules, required to be done Commission. by the Commission, it shall be" done sufficiently if done by the
Secretary to the Commission for and on behalf of the Commission.Non-compiiance
59. Non-compliance with any of these Eules, or with any rule of practice for the time being izi force, shall not render any proceedings void unless the Court so directs; but the proceedings may be set aside either wholly or in part as irregular, or may be amended or otherwise dealt with, in such manner and upon such terms as the Court thinkij fit.
with rules.
THE SCHEDULES. THE FIRST SCHEDULE.
SCALE OF F E E S .
I s. d.
1. On issuing a summons, including filing fee and sealing fee 0 2 0 2. On decision of Judge, including filing fee and sealing fee 4 0
3. On certificate of Registrar . . . . 2 0
4. On issuing a warrant (unless issued under Court's own motion) . . 2 0 5. On issuing a copy of a certificate (or par t thereof) 1 0 6. On filing any document, except where otherwise stated 1 0 7. Copying any document, per folio 0 6 8. On furnishing a copy of any form 0 6 9. On furnishing a copy of a case proposed to be stated by the Court on its own motion, per folio
10. On affixing Beal of Court to any document
11. For each office Bearch
12. On every notice of motion (including filing fee)
13. Taxing costs up to £1014. Taxing costs in every other case, on amount allowed—2J per cent.
15. On payment of money into Court as security . . . . . . 0 5 0 16. For any other business, the same fee as is charged in a High Court Registry.
THE SECOND SCHEDULE.
Forms.
Rule 9.
Fowt No. 1.
Notice of Case Coming on Before the Valuation Court.
| In the Valuation Court of the Territory for the | \ |
Seat of Government. j
In the matter of the Rates Ordinance 1926-1929 and in the matter of [here
| set | out | objection]. |
The above-mentioned matter having come under the cognizance of the
Valuation Court, you are hereby notified tha t at the sittings of the Valuation
Court, to be holden a t • , a t ten o'clock in the.forenoon on the
day of and following days, the said matter
will be brought before the Court for hearing or otherwise as may be ordered
in tha t behalf.
Signed this day of , 19 .
(L.S. ) Registrar.
| To | of |
N.B.—If you do not intend to proceed with the above-mentioned matter and wish to withdraw the matter, you should immediately notify the Registrar of the Court to tha t effect.
Rule 10.
FOBM No. 2.
Notice of Withdrawal of an Objection.
| In the Valuation Court of the Territory for the | \ |
Seat of Government. f
In the niatter of the Rates Ordinance 1926-1929 and in the matter of [here
| set | out | objection]. |
Whereas I [name in full and address to be here stated] on the
day of posted to or lodged with the Commission an objection against the determination of the value of my land [or against the amount of the rates charged in respect of my land) which has been forwarded to the Valuation hereby (jive y ° u notice tha t I withdraw the said objection. Court. And whereas I am desirous of withdrawing the said objection: Now, I
Signed this day of , 19
[Signature of Appellant.] [or his solicitor.] [Address.]
To the Registrar of the Valuation Court.
[Strikt out words not applicable.]
Rule 13.
FOBM No. 3. Summons.
In tins Valuation Court of the Territory for the
Seat of Government. }
| To | of |
Whsreas i t hath been made to appear tha t you are likely to give material evidence touching the matter of an objection under the Rates Ordinance 1926-1929 by of against [here set out matter objected to] : These are therefore to command you in His Majesty's name to be and appear on the day of instant at 10 o'clock
| in the forenoon, a t the [Court Bouse of the Valuation | Court or other |
building, as the case may be] a t and then and there give such evidence, and testify to what you may know concerning the niatter, and produce
| all books, papers, deeds, plans, maps and documents, particularly |
which may be in your possession or under your control, having any reference to the matter under investigation, and so attend from day to day until the said matter be disposed of.
The Beal of the Valuation Court was hereunto affixed by me, this
| day of | . 19 |
(L.S . ) Registrar.
Rules 13, 20.
FoBit No. 4.
Summons.
In the Valuation Court of the Territory for the
Seat of Government. }
| To | of |
Whereas it hath been made to appear that you have in your possession or
under your control certain material evidence touching the matter of an objection
| under the Rates Ordinance 1926-1929, by | of |
against [here set out matter objected to] -. These are therefore to command
you, in His Majesty's name, to produce or cause to be produced on
the day of instant, at 10 o'clock in the •
forenoon a t the [Court House of the Valuation Court, or other building, as the
case may be] a t all books, papers, deeds, plans, maps and
documents, particularly , which may be in
your possession or under your control, having any reference to the matter under
investigation.
The seal of the Valuation Court was hereunto affixed by me this
| day of | , 19 | . ' |
(L-S.) Registrar. Rule 22.
FORM N O . 5. Notice of Motion.
In the Valuation Court of the Territory for the \
Seat of Government. j
In the matter of the Rates Ordinance 1926-1929 and in the matter of [here set out objection}
, the
dav of
,
19 . •
Take notice that , on the day of , 19 , motion will be made to the Valuation Court, on behalf of [here state on whose behalf the motion is to be made] a t 10 o'clock in the forenoon, or as soon there- after as such motion can be taken, tha t [here state the object or objects of the motion] upon the following grounds [here state the grounds of the •motion].
[Signature of person giving notice.]
[or his solicitor or duly authorized agent.] [Address.]
To of Rule 2G. FORM No. 0.
Notice of Settling Terms of Case for the High Court.
In the Valuation Court of the Territory for the \
Seat of Government. j
In the matter of the Rates Ordinance 1920-1929 and in the matter of [here set out objection'].
Take notice that , on the day of , 19 , the Valuation Court sitting a t , will, a t 10 o'clock in the fore- noon, or as soon thereafter as practicable, proceed to settle the terms of a case stated by it on its own motion for the opinion of the High Court, in connexion with the above-mentioned matter, and will hear you in person, or by your counsel, attorney-, or agent, in respect of the terms of the aforesaid case.
Signed this day of , 19 .
(L.S. ) Registrar.
To of Rule 33. FORM No. 7.
Certificate of the Order of the Valuation Court for payment of Money.
In the Valuation Court of the Territory for the \
Seat of Government. j
Whereas, on the day of , 19 , a certain matter, wherein [names of parties and nature of the case to be here set out] was brought under the cognizance of the Valuation Court upon [particulars of the objection or other matter to be here set out]. And whereas the Valuation Court duly heard and determined the said matter, and on the
day of , 19 , made an order [nature of order to be here set out] : These are therefore to certify that the order of the Valuation Court in
the premises was as follows [particulars of the order to be here inserted].
The seal of the Valuation Court was hereunto affixed by me. this
day of , 19 .
(L .S . ) Registrar.
Rule 35.
FORM NO. 8.
Affidavits as to Production of Documents Pursuant to an Order.
In the Valuation Court of the Territory for the "I
Seat of Government. J
In the matter of the Rates Ordinance 1920-1929 and in the matter of [here set out objection].
On the . day of in the year 19 , objector {or respondent) being duly sworn makes oath and says as follows:
1. I have in my possession or power the documents relating to the matters
in question in this objection set forth in the first and second parts of the First
Schedule hereto annexed.2. I object to produce the said documents set forth in the second par t of the said First Schedule hereto.
3. I further say [state upon what grounds objection is made and verify the facts as far as may be].
4. I have had but have not now in my possession or power the documents relating to the matters in question in this objection set forth in the Second Schedule hereto annexed.
5. The last-mentioned documents. were last in my power or possession on
[state when]. 6. I further say [state what has become of the last-mentioned documents and in whose possession they now are].
7. According to the best of my knowledge, remembrance, information and belief I have not now and never have had in my possession, custody or power or in the possession, custody or power of my solicitor or agents or solicitors or agent or in the possession, custody or power of any other person or persons on my behalf any deed, account, book of account, voucher, receipt, letter, memorandum, paper or writjng, or any copy of or extract from any such document or any other document whatsoever relating to the matters in question in this objection or any of them or wherein any entry lias been made relative to such matters or any of them other than and except the documents set forth in the said First and Second Schedules hereto.
(NOTE.—If the party denies having any document he is to make affidavit in form of the seventh paragraph omitting the exceptions.)
SCHEDULES (as required).
Rule 43.
FoR>t No. 9.
Warrant.
| In the Valuation Court of the Territory for the | \ |
Seat of Government. J
To the Chief Officer of Police and all members of the Police Force.
I t having this day appeared to the Valuation Court sit t ing a t
tha t A.B., of , having been duly served with a summons to attend and give evidence before the said Court in the matter of [here state the nature of the •proceedings], and having had tender or payment of his reasonable expenses duly made to him has failed to appear when called. These are there- fore to command you forthwith to apprehend the said A.B., and to detain him in custody and bring him before the said Court to abide the further order of the said Court.
| Given under my hand this | day of | , 19 | , |
| a t | aforesaid. |
Judge.
The Seal of the Valuation Court was hereunto affixed by me,—
(L.S. ) Registrar.
Rule 43.
FoBM No. 10.
Warrant.
In the Valuation Court of the Territory for the
Seat of Government.
To the Chief Officer of Police and all members of the Police Force.
I t having this day appeared to the Valuation Court sit t ing a t
tha t A.B., of , has on the hearing of a certain matter [here state the nature of the proceedings] refused to make oath or declaration in lieu of an oath before the said Court, (or) to answer a certain question, (or) to produce a certain document within his possession or control, (or) to sign his examination reduced to writing, (or) &e., &c, being lawfully required by the said Court so to do, and such refusal being without lawful cause or excuse, (or) tha t A.B., of , has obstructed the business of the said Court, (or) has committed a contempt in face of the said Court, (or) &c, &o.,: These are therefore to command you the said Chief Officer of Police and all the said officers as aforesaid to apprehend the said A.B., and to detain and him safely to keep until the said A.B. shall have signified to the Valuation Court his submission to make the said oath or declaration (or) &c, and the further order of the said Court in the premises shall have been made known to you under my hand, (or) until the term of day from the date hereof shall have expired, (or) .until a fine of £ shall have been paid, (or) unti l the said A.B. shall have been otherwise discharged in due course of law.
| Given under my hand this | day of | , 19 | , |
| a t | aforesaid. |
Judge.
| The Seal of the Valuation Court was hereunto affixed by me,— | . |
(L.S.) Registrar.
[Strike out the parts not applicable to the circumstances.']
The Seal of the Valuation Court was hereunto affixed by me G.H.P., / . (L .S . )
F. C. KEANE,
R e g i s t r a r .
0
0
0