Supreme Court Amendment Rules 2005 (No 1) (ACT)

Supreme Court Amendment Rules 2005 (No 1)

Subordinate Law SL2005-26

We, members of the rule-making committee, make the following rules of court under the Court Procedures Act 2004, section 7.

Dated 26 September 2005.

T J Higgins	R Cahill
Chief Justice	Chief Magistrate
K J Crispin	M Somes
President of the Court of Appeal	Magistrate
T Connolly
Judge

Supreme Court Amendment Rules 2005 (No 1)

Subordinate Law SL2005-26

made under the

Court Procedures Act 2004

1. Name of rules

   These rules are the Supreme Court Amendment Rules 2005 (No 1).

2. Commencement

   These rules commence on 1 October 2005.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   These rules amend the Supreme Court Rules 1937.

4. Order 86 new rules 90A and 90B

   insert

90AWhen court may be constituted by single judge—Supreme Court Act 1933, s 37J (1) (h)

The Court of Appeal may be constituted by a single judge in relation to hearing and deciding the dismissal of an appeal for any of the following reasons:

(a)the appeal is incompetent;

(b)the notice of appeal does not contain any coherent or arguable ground of appeal;

(c)the appellant has failed to comply with any relevant rules of court or practice direction;

(d)the appellant has failed to comply with a direction of the Court of Appeal;

(e)the appellant has failed to provide security for costs in accordance with an order of the Court of Appeal.

90BJurisdiction that may be exercised by single judge—Supreme Court Act 1933, s 37J (3)

The jurisdiction and powers of the Court of Appeal may be exercised by a single judge in the following proceedings:

(a)a motion moved by the director of public prosecutions under rule 55 (2);

(b)an application by the applicant under rule 55 (3) (b).

Endnotes

1. Notification

   Notified under the Legislation Act on 29 September 2005.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2005