1990 - NO. 197
SUPREME COURT ACT 1970 - RULE
NEW SOUTH WALES
| [Published in Gazette No. 44 of 30 March 1990] |
SUPREME COURT RULES (AMENDMENT No. 239) 1990
1. These rules are made by the Rule Committee on 12 February 1990.
2. The Supreme Court Rules 1970 are amended as follows:
5 8 (b)
13 2 (1) (2)
| 13 | | 3 (2) | directs the entry of | gives | |
| 13 | |
| 13 | | 3 (2) | may, on terms, stay | may stay | |
| 13 | | 3 (2) | directed to be entered | given | |
| 13 | | 6 (a) (i) | a direction for entry of | |
17 9 (1) (2)
| 17 | | 10 (2) | direct the entry of | give | |
| 18 | | 3 (1) | direct the entry of | give | |
| 23 | | 15 (1) | make | give or make such
judgment or | |
| 23 | | 15 (1) | that judgment be entered | the | giving | of | |
judgment
| 24 | 9 (1) | make | give or make such
judgment or |
| 24 | 9 (1) (b) | that judgment be entered | |
| judgment |
| 25 | 10 (1) | make | give or make such
judgment or |
| 25 | 10 (1) (b) | that judgment be entered | |
| judgment |
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| direction | for | entry | of | judgment or order |
31 4 (1)
| judgment or a specified | shall be given or made |
| order shall be made |
| 31 4 (2) | make the agreed direction | give or make the
agreed judgment |
| 31 5 (b) | the paragraph | (b) give or make such |
nature of the case
requires.
| 31 6 (d) | direct the entry of | give |
| 34 8 (2) | an order directing the entry
of where appearing |
| 34 8 (3) | direct the entry of | give |
| 34 10 (1) | by order direct the entry of | give |
| 40 | 1 | direct the entry of | give |
| 40 | 2 | directs the entry of | gives |
| 40 | 3 (1) (2) | the subrules | (1) A judgment shall |
take effect:
Court - as of the date on which it is given;
| (b) | otherwise - as of the date of entry. |
| 40 | 3 (3) | subrules (1) and (2) | subrule (1) |
| 40 | 3 (5) | (2), |
| 40 | 7 (1) | directs the entry of | gives |
| 40 | 9 (1) | direction for entry of |
| 40 | 9 (1) | , on terms, |
| 40 | 9 (2) (b) | | pursuant to a direction | after judgment has
been | |
| 40 9 (2) (b) | the direction | the judgment |
| 40 9 (2) (c) | pursuant to a direction | after judgment has
been |
| 40 | 11 (1) | a direction for entry of | judgment | for |
| judgment for possession of | possession of land |
| land shall not be made nor | shall not be given or |
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| 41 | 9 (2) | makes a direction for entry | gives |
| of |
| 41 | 10 | the rule |
| 41 11 | Order from the headnote | Judgments and orders |
| 41 | 11 (1) | the subrule | (1) Any judgment or
order given or |
subrules (3) and
(4), be entered.
| 41 | 11 (2) | the subrule |
| 41 | 11 (3) | |
| 41 | 11 (4) | |
| or order |
| 42 | 8 (3) (c) |
| 46 | 9 | |
| 46 | 10 | |
| 49 | 1 (3) | | making of a direction for | giving | |
| entry |
| 49 | 3 (2) | | makes a direction for entry | gives | |
| of |
| direction | for | entry | of | judgment was given | |
| 49 | 3 (4) (a) |
| judgment was made |
| 51 | 1 (1) | | paragraph (a) of of the | (a) in the case of a | |
| definition of "material date" | judgment given in | |
the Court, the date on which the
| 51 | 16 (4) | direct the entry of | give |
| 52 | 10 (2) | directed to be entered | given |
| 52 | 63 | direct the entry of | give |
| 56 | 9 (b) (vii) | direct the entry of | give |
| 56 | 11 (1) (3) | direct entry of | give |
| 56 | 14 | direct the entry of | give |
| 60 | 3 | direction for entry of |
| 60 | 11 (5) (a) | directed to be entered | given |
| 60 | 11 (5) (a) | of the direction for entry | |
| judgment was given |
| 68 | 6 | a judgment or | an |
| 68 | 8 (1) | direct the entry of judgment
or |
| 68 8 (1) | judgment or |
| 68 8 (2) | |
| 68 8 (2) (a) | | direct the entry of judgment | make the order | |
| 68 8 (2) (b) | judgment or |
| 72 13 (1) | |
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3. Schedule E Part 2 paragraph 2 of the Supreme Court Rules 1970 is amended by omitting "Any direction by consent for entry of judgment" and inserting instead "Any judgment by consent".
4. The Supreme Court Rules 1970 are further amended as follows:
| (a) | Part 41 Division 1 Omit the Division. | | (b) | Part 41 rule 2 Omit the rule. | | (c) | |
Part 41 rule 3 insert:
(2) Unless entry is authorised by the rules, the party lodging the draft minute shall, not less than two days beforehand, serve the draft on each party affected by the judgment or order.
Omit the rule and insert instead:
Summary settlement or appointment for settlement.
4. (1) Where the party lodges a draft minute of a judgment or order with the registrar, the registrar may:
| (a) | settle the draft without an appointment for attendance of the parties; or |
| (b) | appoint a time and place for attendance of the parties on settlement of the draft and notify the appointment to the party lodging the draft minute. |
(2) The party lodging the draft minute shall, not less than two days before the appointed date, serve notice of the appointment on the other party.
| (e) | Part 41 rule 5 Omit the rule. |
| (f) |
Part 41 rule 7 (1) "may draw".
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| (g) | Part 41 rule 7 (3) Omit the subrule. |
| (h) | Part 41 rule 12 Omit the rule. |
(i) Part 41 rule 13
Omit the rule and insert instead:
Manner of entry
13. (1) Where the entry of a judgment or order is authorised by the rules or a judgment or order is given or made, a party or, subject to subrule (3), the registrar, may file a minute of it signed by the registrar or by the Judge or master by whom the judgment or order is given or made.
(2) The judgment or order is entered when the
registrar seals the minute so signed and filed.
(3) Subject to Part 76 rule 7 and Part 80 rule 6, the registrar shall not file or seal the minute in proceedings in a Division unless the Court so directs or a party so requests.
| (4) | Where, in proceedings on a claim for damages or other money, the solicitors for the parties have signed an agreement showing the terms in which judgment may be entered, the agreement may be filed and judgment may, on the production of a minute of judgment bearing the signed consents of the solicitors, be entered accordingly. |
| (j) | Part 41 rule 14 Omit the rule. |
| (k) | Part 61 rule 5
Omit the rule and insert instead:
Powers
5. (1) The chief clerk may exercise the powers of a |
registrar:
| (a) | under Part 41 (which relates to minutes and entry of judgments and orders); |
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| (b) | under Part 80 rule 6 (which relates to minutes of judgments etc. under the Companies (New South Wales) Code); |
| (c) | under Schedule E Part 2 paragraphs 5 and 6 (which relates to certificates with respect to judgments and orders). |
| (2) | The word "registrar" in Part 41 rule 9 and Part 61
rules 2, 2A, 3 and 4 includes the chief clerk |
Part 75 rule 6 (f) Common Law Division".
Part 76 rule 7 Minute of judgment or order.
| 7. | Notwithstanding Part 41 rule 13 (3), the registrar may, in proceedings in the Protective Division, file or seal a minute of a judgment or order without a direction of the Court or request of a party. | |
| (n) |
Part 80 rule 6 Minute of judgment or order.
| 6. | Notwithstanding Part 41 rule 13 (3), the registrar may, in proceedings under the Code, file or seal a minute of a judgment or order without a direction of the Court or request of a party. | |
cf. C.R. 1968 r. 17 (1).
SCHEDULE E Part 1 entry of judgment or order.
| 5. | This Amendment shall not apply in respect of any order, direction or leave for the entry of judgment made or given before this Amendment takes effect. | |
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EXPLANATORY NOTE
(This Note does not form part of the rules)
1. The purposes of paragraphs 2 and 3 of the above Amendment are to make alterations to the rules consequentially on the amendment by Schedule 1 to the Statute Law (Miscellaneous Provisions) (No. 3) Act 1989 of the Supreme Court Act 1970.
2. The purposes of paragraph 4 of the above Amendment are:
| (1) | to eliminate differences in the mode of entry of minutes of judgments and orders in the Court of Appeal and Divisions (Except, in part, the Probate Division, the Protective Division and, so far as concerns Companies Code business the Equity Division); | |
(2) to omit the requirement to wait seven days after settlement before entering a minute;
| (3) | to provide for entry by the registrar by sealing a minute not merely
filing and signing it; | |
3. Whatever is underlined in the above Amendment is intended to be represented in italics if printed.
B. H. BROWN, Secretary of the Rule Committee.