Supreme Court Act 1970 Supreme Court Rules (Amendment No 338) 2000 (2000-80) [GG No 29 of 25.2.2000, p 1427] (NSW)

2000 No 80

Supreme Court Rules (Amendment	New South Wales
No. 338) 2000

1.    These rules are made by the Rule Committee on 21 February 2000.

2. The Criminal Appeal Rules are amended as follows—

(a) Rule 86(1)

(i)        Omit “26” and insert instead “174”.

(ii)       After subrule (3) insert—

(4) Subrules (2) and (3) apply to the Director of Public prosecutions as they apply to the Senior Public Defender.

(b)	Rule 87(1) Omit “26” and insert instead “174”.
(c)	Form XXIV Omit “26” and insert instead “174”.

3. The Supreme Court Rules 1970 are amended as follows—

(a)	Part 12 rule 4(1)(s) Omit “11” and insert “6” instead.
(b)	Part 75 rule 3H(1) Omit “32” where occurring and insert instead “16”.
(c)	Part 75 rule 3 Omit the rule and insert instead—

Assignment of business

3.         There shall be assigned to the Common Law Division proceedings in the Court:

(a)  under the following provisions of the Crimes Act 1900:

(i)        section 172 (which relates to leave to prosecute a fraudulent trustee);

Published in Gazette No 29 of 25 February 2000, page 1427	Page 1
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Supreme Court Rules (Amendment No 338) 2000

(ii)       section 474E (which relates to directing an inquiry);

(b)	under the Mental Health (Criminal Procedure) Act 1990;
(c)	under section 13 of the Criminal Procedure Act 1986 (which relates to change of venue).

(d)

Part 75 rule 11(4)(b)(viii) of the Evidence Act 1995”.

(e) Part 77 Division 52
After rule 137 insert—

Certificate of amount payable

137A. A certificate issued by the registrar under section 75 or section 77F of the subject Act may be in the prescribed form.

(f)

SCHEDULE F Form 74AE

(i)	Omit “4 and 16” and insert instead “10 and 51”.
(ii)	Omit “s. 15” and insert instead “s. 50”.

(g)

SCHEDULE F Forms 74AJ and 74AK Omit “32” where appearing and insert instead “16”.

(h)

SCHEDULE F
After Form 89K insert—

Form 89L

(Certificate under s 75 or s 77F of the Victims Compensation
Act 1996)
P. 77, r. 137A.

CERTIFICATE

1. A direction was made by this Court in these proceedings on (date) under section {71 or 77B} of the Victims Compensation Act 1996 that a sum be paid to the registrar of this Court out of the property of (name).

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Supreme Court Rules (Amendment No 338) 2000

2.         The amount required by the direction that has not, as at the date hereof, been paid to the registrar of this Court is $(amount).

Dated: (date)

_______________

Registrar

(i)	SCHEDULE F Index of Forms Insert in numerical order in the appropriate columns—
89L Certificate under s 77F of the Victims Compensation Act 1996 (P. 77, r. 137A).

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

SCHEDULE J

Omit “after 31 August 1998 9.5”

and insert instead in the appropriate columns—

the beginning of 1 September 1998 to the end of 29 February

2000	9.5
after 29 February 2000	10

5. The Supreme Court Rules 1970 are further amended as follows—

(a)

SCHEDULE E Part 1 rule 5, in the appropriate columns insert—

Rule 9(2)(a) Setting aside default judgment Restricted to proceedings in the	Possession List
(b)	The uncommenced amendment contained in paragraph 5(a) of amendment 336 published in the gazette on 24 December 1999 is cancelled and the following amendment substituted—
Part 41 rule 13(3) Omit the subrule and insert instead—
(3) Subject to Part 40 rule 12 (2), Part 74 rule 1A, Part 76 rule 7, Part 77 rule 141 (3), Part 80 rule 6, Part 80A rule 6 and subrule (3A), the registrar shall not file or seal the minute in proceedings in a Division unless the Court so directs or a party so requests.

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Supreme Court Rules (Amendment No 338) 2000

(3A) The registrar may, in proceedings under the Corporations Law, file or seal a minute of a judgment or order without a direction of the Court or request of a party.

(c)	The uncommenced amendment contained in paragraph 5(e) of amendment 336 published in the gazette on 24 December 1999 is amended by substituting “Part 41 rule 13(3A)” for “Part 40 rule 13(4)”.
(d)	The uncommenced amendment contained in paragraph 5(m) of amendment 336 published in the gazette on 24 December 1999 is amended by substituting “SCHEDULE E” for “SCHEDULE”.
(e)	The uncommenced amendment contained in paragraph 8(c) of amendment 337 published in the gazette on 28 January 2000 is amended by adding “Time etc limits at trial” as a heading to the new rule 6AA.
(f)	The uncommenced amendment contained in paragraph 8(e) of amendment 337 published in the gazette on 28 January 2000 is amended by substituting as the heading to the new rule 25 “Disobedience to rule, judgment, order or direction” for the heading “Disobedience to rule, judgment or order”.

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

1 The object of the amendments contained in paragraphs 2 and 3(a)–(c), (e)–(g) and (i) is to take account of provisions of the Criminal Procedure Act 1986 and the Crimes Act 1900 renumbered and re-enacted by the Crimes Legislation Amendment (Sentencing) Act 1999.

2 The object of the amendments contained in paragraph 3 (d) is to replace a reference to a section of the Crimes Act 1900 with the reference to the section of the Evidence Act 1995 that replaced it.

3    The object of the amendments contained in paragraph 3 (h) is to prescribe a form for a certificate under s 75 and s 77F of the Victims Compensation Act 1996.

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Supreme Court Rules (Amendment No 338) 2000

4    The object of the amendment contained in paragraph 4 is to change the interest rate payable on judgments from 9.5% per annum to 10% per annum after 29 February 2000.

5    The object of the amendment contained in paragraph 5(a) is to insert matter in Schedule E Part 1 after the matter relating to Part 40 rule 5 that in paragraph 2(c)(ii) of amendment 336 was incorrectly stated to be inserted after rule 4 and accordingly would have had no operation.

6 The object of the amendment contained in paragraph 5(b) is to correct references to Part 41 rule 13(4) that should have referred to Part 41 rule 13(3A).

7 The object of the amendment contained in paragraph 5(c) is to correct a reference to Part 40 rule 13(4) that should have referred to Part 41 rule 13(3A).
8 The object of the amendment contained in paragraphs 5(d) is to substitute “SCHEDULE E” for “SCHEDULE”.

9    The object of the amendment contained in paragraph 5(e) is to add a heading to a rule.

10 The object of the amendment contained in paragraph 5(f) is to correct a heading to a rule.

M A Blay

The Secretary of the Rule Committee

BY AUTHORITY

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