Supreme Court Act 1970 Supreme Court Rules (Amendment No 312) (1997-347) [GG No 83 of 25.7.1997, p 5726] (NSW)

1997 No 347

New South Wales

SUPREME COURT RULES (AMENDMENT NO. 312) 1997

1. These rules are made by the Rule Committee on 21 July 1997.

2. Part 52A rule 40

The Supreme Court Rules 1970 are amended as follows: Costs Assessment”.

3.

The Supreme Court Rules 1970 are further amended as follows: Omit the rule.

4. The Supreme Court Rules 1970 are further amended as follows:

(a)	Part 14A rule 12 Omit the rule.
(b)	Part 36 After rule 2, insert:

Evidence by Audio-Visual Method or by Telephone

2A (1) The Court may give directions for evidence to be given, and proceedings on any hearing to be conducted, by any audio-visual method or by telephone.

(2) This rule shall not apply to directions which could be sought under section 25 of the Evidence and Procedure (New Zealand) Act 1994 of the Commonwealth.

EXPLANATORY NOTE

(This note does not form part of the rules).

1 The object of the amendment contained in paragraph 2 is to substitute the Executive Officer, Costs Assessment for the Principal Registrar as the proper officer of the Court for the purposes of Part 11 Division 6 of the Legal Profession Act 1987, to take advantage of the newly created office which is to take over the duties and obligations of the proper officer of the court under that Act.

2. The object of the amendment contained in paragraph 3 is to omit a rule concerning amendment of documents without leave in the Commercial Division. The rule is inconsistent with current practice in the Division.

Published in Gazette No 83 of 25 July 1997, page 5726 Page 1

1997 No 347

Supreme Court Rules (Amendment No 312) 1997

3. The object of the amendment contained in paragraph 4 (b) is to confirm the power of the Court to give directions for evidence to be given, and proceedings on any hearing to be conducted, by any audio-visual method or telephone. The amendment does not apply for directions which could be sought under section 25 of the Evidence & Procedure (New Zealand) Act 1994 of the Commonwealth (which section makes detailed provisions for similar directions to be given in limited circumstances covered by that section, the procedure on which is governed by Part 36A r. 7). Amendment 4 (a) omits a rule which is rendered superfluous by the new rule.

M.A. Blay
The Secretary of the Rule Committee