Supreme Court Amendment Rules 2002 (No 2) (ACT)

Case

Supreme Court Amendment Rules 2002 (No 2)

Subordinate Law SL2002-24

We, Judges of the Supreme Court, make the following rules of court under the Supreme Court Act 1933, section 36.

Dated 13 September 2002.

Jeffery Miles

Chief Justice

K J Crispin

Judge

M F Gray

Judge

J E Circosta

Registrar

Supreme Court Amendment Rules 2002 (No 2)

Subordinate Law SL2002-24

made under the

Supreme Court Act 1933

Contents

Page

  1. Name of rules  1

  2. Commencement  1

  3. Rules amended  1

  4. Order 39 rule 24H  1

  5. Order 40 rule 2  1

  6. New order 40 rule 4 (1A) and (1B)  2

  7. Order 40 rule 4 (4) and (5)  2

  8. Order 40 rule 4  3

  9. Order 40 rule 5 (3)  3

  10. Order 40 rule 7 and 9 (1)  3

  11. Order 40 rule 9 (1) (c)  3

  12. Order 40 rule 9 (1) (d)  4

Schedule 1        New forms—affidavits  5

  1. Name of rules

    These rules are the Supreme Court Amendment Rules 2002 (No 2).

  2. Commencement

    These rules commence on the day after their notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act 2001, s 75).

  3. Rules amended

    These rules amend the Supreme Court Rules.

    NoteThe rules are amended in the body of these rules and in sch 1.

  4. Order 39 rule 24H

    substitute

24HApplication for order to which div 39.5 applies

  1. An application for an order to which this division applies may only be made by motion by a person nominated by the requesting tribunal, or, if a person is not nominated, by the Attorney-General.

  2. After an order is made, an application for any related order must be made by motion.

  3. Notice of a motion under this rule need not be given to anyone, but a notice of motion must be filed.

  4. Order 40 rule 2

    substitute

  5. Form of affidavits generally

  6. An affidavit must be in accordance with form 1.49A and made in the first person.

  7. If the person making the affidavit is, or is employed by, a party to the proceeding in which the affidavit is to be used, the affidavit must state that fact.

  8. The body of an affidavit must be divided into paragraphs numbered consecutively, each paragraph as far as possible limited to a distinct part of the subject.

  9. Each page of an affidavit, including any annexure, must be numbered sequentially, starting at number 1 for the first page of the affidavit.

  10. Amounts of money, numbers, and references in dates to days of the months and years, must be in figures and not words.

  11. Costs must not be allowed for an affidavit or part of an affidavit that substantially departs from this rule.

  12. New order 40 rule 4 (1A) and (1B)

    insert

(1A)    Each annexure to an affidavit must be identified sequentially on the first page of each annexure by a letter, starting at ‘A’ for the first annexure.

(1B)    Each annexure must include on its first page the information mentioned in form 1.49B.

  1. Order 40 rule 4 (4) and (5)

    substitute

  2. Each exhibit to an affidavit must be identified by a separate certificate.

  3. The certificate is the title page for the exhibit, and must be securely fastened to it.

  4. Unless the court otherwise orders, the certificate must—

    (a)be signed by the person before whom the affidavit is taken; and

    (b)include the initials of the person making the affidavit, followed by an identifying number corresponding to the number of the exhibit.

    Examples for subrule (6) (b)

    1for the 1st exhibit, the identifying number is 1

    2for the 4th exhibit, the identifying number is 4

    NoteAn example is part of the rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act 2001, s 126 and s 132).

  5. The certificate must be in accordance with form 1.49C.

  6. Order 40 rule 4

    renumber subrules when rules next republished under Legislation Act 2001

  7. Order 40 rule 5 (3)

    omit

    or declaration

  8. Order 40 rule 7 and 9 (1)

    omit

    , affirmed or declared

    substitute

    or affirmed

  9. Order 40 rule 9 (1) (c)

    omit

    , affirmation or declaration

    substitute

    or affirmation

  10. Order 40 rule 9 (1) (d)

    omit

    , affirmed or declared

    substitute

    or affirmed


Schedule 1New forms—affidavits

(see r 3)

[1.1]New forms 1.49A to 1.49C

insert

Form 1.49AForm of affidavit

(see o 40 r 2)

On (date, eg 6 February 2002), I (name, address and occupation) [*say on oath/solemnly affirm]—

1
2
(etc)

(signature of person making affidavit)

[*Sworn/Affirmed] at

before me:

*Select appropriate words

Form 1.49BAnnexures to affidavit—information on first page

(see o 40 r 4)

This (and the following (number) page/s) is the annexure marked ‘(appropriate letter ie ‘A’ for the 1st annexure, ‘B’ for the 2nd annexure etc)’ referred to in the affidavit of (name of person making the affidavit) [*sworn/affirmed] at (place) on (date eg 6 February 2002) before me:

[*Justice of the Peace/Barrister/Solicitor]

*Select appropriate words

Form 1.49CCertificate identifying exhibit

(see o 40 r 4)



[Title as for affidavit—see o 40 r 1]

This is the exhibit marked (initials of person and identifying number eg ABC 1) shown to me when (name of person making the affidavit) made [*his/her] affidavit on (date).

[*Justice of the Peace/Barrister/Solicitor]
[signature of person before whom affidavit was taken]

*Select appropriate words

Endnotes

Republications of amended laws

  1. For the latest republication of amended laws, see type="1">

  2. Notified under the Legislation Act 2001 on 18 September 2002.

    (see

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