Supreme Court Amendment Rules (No. 2) 2009 (WA)
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JU302*
Supreme Court Act 1935
Supreme Court Amendment Rules (No. 2) 2009
Made by the Judges of the Supreme Court.
Part 1 — Preliminary matters
1. Citation
These rules amend the Rules of the Supreme Court 1971.
These rules are the Supreme Court Amendment Rules
(No. 2) 2009.2. Commencement
These rules come into operation as follows —
(a) Part 1 — on the day on which these rules are published in the Gazette; (b)
Service Abroad of Judicial and Extrajudicial Documents
Part 2 — on the day on which the Convention on the 15 November 1965, enters into force for Australia; (c) Part 3 — on the day after these rules are published in the Gazette. 3. Rules amended
3 July 2009 GOVERNMENT GAZETTE, WA 2683 Part 2— Amendments about service of documents in
or for a foreign country
4. Order 5 amended
In Order 5 rule 11:
(a) delete The tirne and insert:
(I) The time
(b) in the table item (2) delete "30 days." and insert:
See subrule (2).
(c) in the table item (3) delete "Such time as shall be fixed by
the Court." and insert:
See subrule (3).
(d) before "In the" insert:
(2) In respect of a writ to be served outside the State but
within the Commonwealth of Australia, the time must
accord with the Service and Execution of Process
Act 1992 (Commonwealth).(3) In respect of a writ to be served outside the
Commonwealth of Australia, the time must be fixed by
the Court in accordance with Order 10 rule 5.(e) delete "In the" and insert:
(4) In the 5. Order 10 amended
(1) Delete Order 10 rule 1A and insert:
1A. When leave to serve is required (1)
A writ served on a person outside the State but in the Commonwealth of Australia has no effect unless the person was served under the Service and Execution of
Process Act 1992 (Commonwealth). (2) A writ or notice of a writ served on a person outside
the Commonwealth of Australia has no effect unless -(a) the Court, under this Order, granted leave to
serve the person; and
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(b) the person was served -
(i) under rules 9 to 11; or
(ii) under Order 1 1A and the convention referred to in that Order.
(3) Rules 9 to 11 do not apply to or in relation to the
service of a writ or notice of a writ on a person outside the Commonwealth of Australia under the convention referred to in Order 1 1A.
(2) In Order 10 rule 1(1) delete the passage that begins with
"Service" and ends with "whenever -" and insert:
The Court may, subject to rule 3, grant leave to serve a person outside the Commonwealth of Australia with a writ, or notice of a writ, that begins an action if—
(3) In Order 10 rule 2 delete the passage that begins with "for
service" and ends with "begun." and insert:
to serve a person outside the Commonwealth of such an action.
(4) In Order 10 rule 3 delete "Unless service is to be effected within
the Commonwealth of Australia, leave" and insert:
Leave
(5) In Order 10 rule 5 delete "Where service is to be effected outside the Commonwealth of Australia, the order giving" and
insert: (1) An order made under this Order granting (6) At the end of Order 10 rule 5 insert:
(2) If the notice of a writ is to be served under the
convention referred to in Order 1 1A, subrule (1) is
subject to that Order.
(7) In Order 10 rule 7 delete "the provisions of Rules 3, 4, 5, and 6
of this Order shall" and insert:
rules 1A,3,4,S and 6
3 July 2009 GOVERNMENT GAZETTE, WA 2685 (8) Delete Order 10 rule 9(l)(b) and insert:
(b) any country listed in Schedule 3 to the British Nationality Act 1981 (United Kingdom);
6. Order 11 amended
(I) Delete Order 11 rule 1A.
(2) After Order 11 rule I insert:
2A. Application (1) If the Court receives a letter of request for service of process on a person in this State from -
(a) a court or tribunal: or (b) a consular or other authority, of a Convention country (as defined in Order I 1A rule I), then, unless Order 1 IA Division 4 applies, rule 2 or 3, as the case requires, and rules 4 and 5 apply
and Order I 1A Division 4 does not.
(2) If Order I IA Division 4 applies to a request referred to in subrule (I), rules 2 to 5 do not apply.
7. Orders 11 A, 11 and 11 replaced
Delete Orders I IA, 1 I and I IC and insert:Order hA - Service under the Hague
Convention
Division 1 - Preliminary
Note 1. This Order forms part of a scheme to implement Australia's
obligations under the Hague Convention on the Service Abroad of
Judicial and Extrajudicial Documents in Civil or Commercial
Matters. Under the Convention, the Attorney-General's Department
of the Commonwealth is designated as the Central Authority (under
Article 2 of the Convention) and certain courts and government
departments are, for certain purposes, designated as "other" or
"additional" authorities (under Article 18 of the Convention).Note 2. This Order provides (in Division 2) for service in overseas
Convention countries of local judicial documents (documents that
relate to proceedings in the Court) and (in Division 3) for default
judgment in proceedings in the Court after service overseas of such
a document. Division 4, on the other hand, deals with service by
the Court or arranged by the Court in its role as an other or
additional authority, of judicial documents emanating from overseas
Convention countries.
Note 3. The Attorney-General's Department of the Commonwealth maintains a copy of the Convention, a list of all Convention countries, details of declarations and objections made under the
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Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries. A copy of the Convention can be found at
1. Terms used
In this Order -
additional authority, for a Convention country, means
an authority that is -
(a) for the time being designated by that country, under Article 18 of the Hague Convention, to be an authority (other than the Central Authority) for that country; and
(b)
competent to receive requests for service abroad emanating from Australia;
applicant, for a request for service abroad or a request
for service in this jurisdiction, means the person on
whose behalf service is requested;
Central Authority, for a Convention country, means an
authority that is for the time being designated by that
country, under Article 2 of the Hague Convention, to
be the Central Authority for that country;
certificate of service means a certificate of service that
has been completed for the purposes of Article 6 of the
Hague Convention;
certifying authority, for a Convention country, means
the Central Authority for the country or some other
authority that is for the time being designated by the
country, under Article 6 of the Hague Convention, to
complete certificates of service in the form annexed to
the Hague Convention;civil proceedings means any judicial proceedings in
relation to civil or commercial matters;
Convention country means a country, other than Australia, that is a party to the Hague Convention;
defendant, for a request for service abroad of an
initiating process, means the person on whom the
initiating process is requested to be served;
foreign judicial document means a judicial document
that originates in a Convention country and that relatesto civil proceedings in a Court of that country;
forwarding authority -
(a) for a request for service of a foreign judicial
document in this jurisdiction - the authority or
judicial officer of the Convention country in
which the document originates that forwards
the request (being an authority or judicial
officer that is competent under the law of that
3 July 2009 GOVERNMENT GAZETTE, WA 2687 country to forward a request for service under
Article 3 of the Hague Convention); or(b) for a request for service of a local judicial document in a Convention country - the Registrar;
Hague Convention means the Convention on the
Service Abroad of Judicial and Extrajudicial
Documents in Civil or Commercial Matters done at the
Hague on 15 November 1965;
initiating process means any document by which
proceedings (including proceedings on any cross-claim
or third party notice) are commenced;
local judicial document means a judicial document
that relates to civil proceedings in the Court;
request for service abroad means a request for service
in a Convention country of a local judicial document
mentioned in rule 4(1);
request for service in this jurisdiction means a request
for service in this jurisdiction of a foreign judicial
document mentioned in rule 13(1);
this jurisdiction means Western Australia.2. Provisions of this Order to prevail
The provisions of this Order prevail to the extent of any inconsistency between those provisions and any other provisions of these rules.
Division 2— Service abroad of local judicial documents
3. Application of Division
(1) Subject to subrule (2), this Division applies to service
in a Convention country of a local judicial document.
(2) This Division does not apply if service of the document
is effected, without application of any compulsion, by
an Australian diplomatic or consular agent mentioned
in Article 8 of the Hague Convention.4. Application for request for service abroad
(1) A person may apply to the Registrar, in the Registrar's
capacity as a forwarding authority, for a request for
service in a Convention country of a local judicial
document.(2) The application must be accompanied by 3 copies of
each of the following documents -
(a)
a draft request for service abroad, which must be in the form of Form 5A Part 1;
(b) the document to be served;
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(c) a summary of the document to be served, which must be in the form of Form 513; (d) if, under Article 5 of the Hague Convention, the Central Authority or any additional authority of the country to which the request is addressed requires the document to be served to be written in, or translated into, the official language or one of the official languages of that
country, a translation into that language of both the document to be served and the summary of the document to be served.
(3) The application must contain a written undertaking to the Court, signed by the practitioner on the record for the applicant in the proceedings to which the local
judicial document relates or, if there is no practitioner
on the record for the applicant in those proceedings, bythe applicant -
(a) to be personally liable for all costs that are
incurred -
(i) by the employment of a person to serve the documents to be served, being a person who is qualified to do so under the law of the Convention country in which the documents are to be served; or
(ii) by the use of any particular method of service that has been requested by the applicant for the service of the
documents to be served;
and
(b) to pay the amount of those costs to the
Registrar within 28 days after receipt from the
Registrar of a notice specifying the amount of those costs under rule 6(3); and
(c) to give such security for those costs as the
Registrar may require.
(4) The draft request for service abroad -
(a)
must be completed (except for signature) by the applicant; and
(b)
must state whether (if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected) the applicant wants service to be attempted after the expiry of that time; and
(c)
must be addressed to the Central Authority, or to an additional authority, for the Convention country in which the person is to be served; and
3 July 2009 GOVERNMENT GAZETTE, WA 2689 (d) may state that the applicant requires a
certificate of service that is completed by an
additional authority to be countersigned by theCentral Authority.
(5) Any translation required under subrule (2)(d) must bear
a certificate (in both English and the language used in
the translation) signed by the translator stating -
(a) that the translation is an accurate translation of the documents to be served; and (b) the translator's full name and address and his or her qualifications for making the translation. 5. How application to be dealt with
(1) If satisfied that the application and its accompanying documents comply with rule 4, the Registrar -
(a) must sign the request for service abroad; and (b) must forward 2 copies of the relevant documents - (i) if the applicant has asked for the request to be forwarded to a nominated additional authority for the Convention country in which service of the document is to be effected - to the nominated additional authority; or
(ii) in any other case - to the Central Authority for the Convention country in which service of the document is to be effected.
(2) The relevant documents mentioned in subrule (1)(b) are the following -
(a) the request for service abroad (duly signed); (b) the document to be served;
(c) the summary of the document to be served; (d) if required under rule 4(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c).
(3) If not satisfied that the application or any of its
accompanying documents complies with rule 4, the which the application or document fails to comply.
6. Procedure on receipt of certificate of service
(1) Subject to subrule (5), on receipt of a certificate of
service in due form in relation to a local judicial
document to which a request for service abroad relates,the Registrar -
(a) must arrange for the original certificate to be
filed in the proceedings to which the document
relates; and
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(b) must send a copy of the certificate to -
(i) the practitioner on the record for the applicant in those proceedings; or
(ii) if there is no practitioner on the record for the applicant in those proceedings - the applicant.
(2) For the purposes of subrule (1), a certificate of service is in due form if—
(a) it is in the form of Form 5A Part 2; and (b) it has been completed by a certifying authority for the Convention country in which service was requested; and (c) if the applicant requires a certificate of service that is completed by an additional authority to be countersigned by the Central Authority, it has been so countersigned.
(3) On receipt of a statement of costs in due form in
relation to the service of a local judicial document
mentioned in subrule (1), the Registrar must send to the
practitioner or applicant who gave the undertaking
mentioned in rule 4(3) a notice specifying the amountof those costs.
(4) For the purposes of subrule (3), a statement of costs is
in due form if—
(a)
it relates only to costs of a kind mentioned in rule 4(3)(a); and
(b)
it has been completed by a certifying authority for the Convention country in which service was requested.
(5) Subrule (1) does not apply unless -
(a) adequate security to cover the costs mentioned in subrule (3) has been given under rule 4(3)(c); or (b) to the extent to which the security so given is inadequate to cover those costs, an amount equal to the amount by which those costs exceed the security so given has been paid to the Registrar. 7. Payment of costs
(1) On receipt of a notice under rule 6(3) in relation to the
costs of service, the practitioner or applicant, as the case may be, must pay to the Registrar the amount specified in the notice as the amount of those costs.
3 July 2009 GOVERNMENT GAZETTE, WA 2691 (2) If the practitioner or applicant fails to pay that amount within 28 days after receiving the notice -
(a) except by leave of the Court, the applicant may not take any further step in the proceedings to which the local judicial document relates until those costs are paid to the Registrar; and (b) the Registrar may take such steps as are appropriate to enforce the undertaking for payment of those costs. 8. Evidence of service
A certificate of service in relation to a local judicial document (being a certificate in due form within the meaning of rule 6(2)) that certifies that service of the document was effected on a specified date, is, in the absence of any evidence to the contrary, sufficient
proof that -
(a) service of the document was effected by the method specified in the certificate on that date; and (b) if that method of service was requested by the applicant, that method is compatible with the law in force in the Convention country in which service was effected.
Division 3 - Default judgment following service abroad of initiating process
9. Application of Division
This Division applies to civil proceedings for which an initiating process has been forwarded following a request for service abroad to the Central Authority (or to an additional authority) for a Convention country.
10. Restriction on power to enter default judgment if
certificate of service filed
(1) This rule applies if—
(a)
a certificate of service of initiating process has been filed in the proceedings (being a certificate in due form within the meaning of rule 6(2)) that states that service has been duly effected; and
(b)
the defendant has not appeared or filed a notice of address for service.
(2) In circumstances to which this rule applies, default
judgment may not be given against the defendant
unless the Court is satisfied that -
(a) the initiating process was served on the
defendant -
(i) by a method of service prescribed by the internal law of the Convention country
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for the service of documents in domestic
proceedings on persons who are within
its territory; or(ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to his or her residence) and that method is compatible with the law in force in that country, by that method; or
(iii) if the applicant did not request a particular method of service, in circumstances where the defendant
accepted the document voluntarily;
and
(b) the initiating process was served in sufficient
time to enable the defendant to enter an
appearance in the proceedings.
(3) In subrule (2)(b) -
sufficient time means -
(a)
42 days from the date specified in the certificate of service in relation to the initiating process as the date on which service of the process was effected; or
(b)
such lesser time as the Court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.
11. Restriction on power to enter default judgment if
certificate of service not filed(1) This rule applies if—
(a)
a certificate of service of initiating process has not been filed in the proceedings; or
(b)
a certificate of service of initiating process has been filed in the proceedings (being a certificate in due form within the meaning of rule 6(2)) that states that service has not been effected,
and the defendant has not appeared or filed a notice of
address for service.
(2) If this rule applies, default judgment may not be given
against the defendant unless the Court is satisfied
that -
(a) the initiating process was forwarded to the
Central Authority, or to an additional authority,
3 July 2009 GOVERNMENT GAZETTE, WA 2693 for the Convention country in which service of
the initiating process was requested; and
(b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which the initiating process was so forwarded; and (c) every reasonable effort has been made - (i) to obtain a certificate of service from the relevant certifying authority; or
(ii) to effect service of the initiating process,
as the case requires.
12. Setting aside judgment in default of appearance
(I) This rule applies if default judgment has been entered
against the defendant in proceedings to which this
Division applies.
(2) If this rule applies, the Court may set aside the
judgment on the application of the defendant if it is
satisfied that the defendant -
(a) without any fault on the defendant's part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and (b) has a prima facie defence to the proceedings on the merits.
(3) An application to have a judgment set aside under this rule may be filed -
(a)
at any time within 12 months after the date on which the judgment was given; or
(b)
after the expiry of that 12-month period, within such time after the defendant acquires
considers reasonable in the circumstances. knowledge of the judgment as the Court
(4) Nothing in this rule affects any other power of the
Court to set aside or vary a judgment.
Division 4 - Local service of foreign judicial
documents
13. Application of Division
(1) This Division applies to service in this jurisdiction of a
foreign judicial document in relation to which a due
form of request for service has been forwarded to the
Court -
(a) by the Attorney-General's Department of the
Commonwealth, whether in the first instance or following a referral under rule 14; or
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(b) by a forwarding authority.
(2) Subject to subrule (3), a request for service in this
jurisdiction is in due form if it is in the form of documents -
(a) the document to be served; (b) a summary of the document to be served, which must be in the form of Form 513; (c) a copy of the request and of each of the documents mentioned in paragraphs (a) and (b); (d) if either of the documents mentioned in paragraphs (a) and (b) is not in the English language, an English translation of the document.
(3) Any translation required under subrule (2)(d) must bear
a certificate (in English) signed by the translator
stating -
(a)
that the translation is an accurate translation of the document; and
(b)
the translator's full name and address and his or her qualifications for making the translation.
14. Certain documents to be referred back to the
Attorney-General's Department of the
CommonwealthIf, after receiving a request for service in this jurisdiction, the Registrar is of the opinion -
(a)
that the request does not comply with rule 13; or
(b) that the document to which the request relates
is not a foreign judicial document; or
(c)
that compliance with the request may infringe Australia's sovereignty or security; or
(d)
that the request seeks service of a document in some other State or Territory of the Commonwealth,
the Registrar must refer the request to the
Attorney-General's Department of the Commonwealthtogether with a statement of his or her opinion.
Note.
The Attorney-General's Department of the Commonwealth will deal with misdirected and non-compliant requests, make arrangements for the service of extrajudicial documents and assess and decide
questions concerning Australia's sovereignty and security. 15. Service (1) Subject to rule 14, on receipt of a request for service in
this jurisdiction, the Court must arrange for the service
3 July 2009 GOVERNMENT GAZETTE, WA 2695 of the relevant documents in accordance with the
request.
(2) The relevant documents mentioned in subrule (1) are
the following -
(a) the document to be served; (b) a summary of the document to be served; (c) a copy of the request for service in this jurisdiction; (d) if either of the documents mentioned in paragraphs (a) and (b) is not in the English language, an English translation of the document.
(3) Service of the relevant documents may be effected by any of the following methods of service -
(a)
by a method of service prescribed by the law in force in this jurisdiction -
(1) for the service of a document of a kind
corresponding to the document to be
served; or
(ii) if there is no such corresponding kind of
document, for the service of initiating
process in proceedings in the Court;
(b) if the applicant has requested a particular method of service and that method is compatible with the law in force in this jurisdiction, by that method; (c) if the applicant has not requested a particular method of service and the person requested to be served accepts the document voluntarily, by delivery of the document to the person
requested to be served. 16. Affidavit as to service
(1) If service of a document has been effected pursuant to a
request for service in this jurisdiction, the person by whom service has been effected must lodge with the Court an affidavit specifying -
(a)
the time, day of the week and date on which the document was served; and
(b) the place where the document was served; and (c) the method of service; and (d)
the person on whom the document was served; and
(e) the way in which that person was identified.
(2) If attempts to serve a document pursuant to a request
for service in this jurisdiction have failed, the person
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by whom service has been attempted must lodge with
the Court an affidavit specifying -
(a) details of the attempts made to serve the document; and (b) the reasons that have prevented service. (3) When an affidavit as to service of a document has been lodged in accordance with this rule, the Registrar -
(a) must complete a certificate of service, sealed with the seal of the Court, on the reverse side of, or attached to, the request for service in this jurisdiction; and
(b)
must forward the certificate of service, together with a statement as to the costs incurred in relation to the service or attempted service of the document, directly to the forwarding authority from which the request was received.
(4) A certificate of service must be -
(a) in the form of Form 5A Part 2; or (b) if a form of certificate of service that substantially corresponds to Form 5A Part 2 accompanies the request for service, in that accompanying form.
8. Second Schedule amended
In the Second Schedule delete Forms 5A, 5 B. 5C. 5 D. 5 F
and 5F and insert:
5A. Request for service abroad of judicial documents and
certificate (0. 11 r. 4,6 & 16)Part 1 - Request for service abroad of judicial documents Convention on the Service Abroad of Judicial and Extrajudicial
Documents in Civil or Commercial Matters, done at The Hague,
the 15 1h of November 1965
Identity and address of the Identity and address of
forwarding authority receiving authority requesting service [Central The undersigned forwarding authority (on the application of [name and address of applicant on whose behaifforwarding authority requests service]) has the honour to transmit - in duplicate - the documents listed below and, in conformity with Article 5 of the above-mentioned Convention, requests prompt service of one copy thereof on the addressee, i.e.:
(identity and address).............................................................................
3 July 2009 GOVERNMENT GAZETTE, WA 2697
(a) in accordance with the provisions of sub-paragraph (a) of the first paragraph of Article 5 of the Convention*. (b) in accordance with the following particular method (sub-paragraph (b) of the first paragraph of Article 5*). (c) by delivery to the addressee, if the addressee accepts it voluntarily (second paragraph of Article 5)*. The receiving authority [Central Authority/additional authority] is requested to return or to have returned to the forwarding authority a copy of the documents - and of the annexes* - with a certificate as provided in Part 2 of this Form on the reverse side.
List of documents
Done at .................,the
Signature or stamp (or both) of forwarding authority.
*Delete if inappropriate.
Part 2 - Certificate
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague, the 15th of November 1965
The undersigned authority has the honour to certify, in conformity with Article 6 of the Convention:
1. that the documents listed in Part 1 have been served*
—the (date)........................................................................................
—at (place, street, number) ..............................................................
—in one of the following methods authorised by Article 5:
a)
in accordance with the provisions of sub-paragraph (a) of the first paragraph of Article 5 of the Convention*
b) in accordance with the following particular method*. c) by delivery to the addressee, who accepted it voluntarily*. The document referred to in the request, has been delivered to:
—(identity and description of person)...............................................
—relationship to the addressee (family, business or other.) ............
2. that the document has not been served, by reason of the following
facts*.
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In conformity with the second paragraph of Article 12 of the the expenses detailed in the attached statement*.
Annexes
Documents returned ............................................................................. In appropriate cases, documents, establishing the service: ....................
Done at .................,the ..................
Signature or stamp (or both).
*Delete if inappropriate.
SB. Summary of the document to be served (0. hA r. 4) Convention on the Service Abroad of Judicial and Extrajudicial Doe uments in Civil or Commercial Matters, done at The Hague. the 15th of November 1965 (Article 5, fourth paragraph)
Identity and address of the addressee (Central Authority/additional authorityf:
IMPORTANT
THE ENCLOSED DOCUMENT IS OF A LEGAL NATURE AND
MAY AFFECT YOUR RIGHTS AND OBLIGATIONS. THE
SUMMARY OF TI IE DOCUMENT TO BE SERVED WILL GIVE
YOU SOME INFORMATION ABOUT ITS NATURE AND
PURPOSE. YOU SHOULD HOWEVER READ THE DOCUMENT
ITSELF CAREFULLY. IT MAY BE NECESSARY TO SEEKLEGAL ADVICE.
IF YOUR FINANCIAL RESOURCES ARE INSUFFICIENT YOU
SHOULD SEEK INFORMATION ON THE POSSIBILITY OF OBTAINING LEGAL AID OR ADVICE EITHER IN THE
COUNTRY WHERE YOU LIVE OR IN THE COUNTRY WHERETHE DOCUMENT WAS ISSUED.
ENQUIRIES ABOUT THE AVAILABILITY OF LEGAL AID OR
ADVICE IN THE COUNTRY WHERE THE DOCUMENT WASISSUED MAY BE DIRECTED TO. .....................................................
SUMMARY OF THE DOCUMENT TO BE SERVED
Name and address of the forwarding authority ......................................
Particulars of the parties.........................................................................
**JUDICIAL DOCUMENT
Nature and purpose of the document......................................................
Nature and purpose of the proceedings and, when appropriate, the amountin dispute...................................................................................
3 July 2009 GOVERNMENT GAZETTE, WA 2699 Date and place for entering appearance..................... Court in which proceedings pending/judgment given
**Date of judgment (if applicable) ........................... Time limits stated in the document ...........................
Part 3 - Other amendments
9. Order I amended
In Order 1 rule 4(1) delete the definition of Practitioner and insert:
practitioner means an Australian legal practitioner as
defined in the Legal Profession Act 2008 section 3;
10. Order 66 amended
(1) In Order 66 rule 11(1) delete the definition of any relevant scale
and insert:any relevant scale means any costs determination, as defined in the Legal Profession Act 2008 section 252, that relates to the costs that may be charged by law
practices in respect of business before the Court carried
Out by practitioners.
(2) In Order 66 rule 11 (3) delete "Legal Practice Act 2003,
permitting a solicitor to make a written agreement as to costs
with his client," and insert:Legal Profession Act 2008 permitting legal practices to
make costs agreements with their clients,
11. Order 76 amended
In Order 76 rule 2(1):
(a) delete paragraph (a) and insert:
(a) exhibiting a certificate from the Registrar that
the applicant is on the local roll maintained
under the Legal Profession Act 2008 section 28
and is not a disqualified person as defined in
section 3 of that Act; and
(b) after each of paragraphs (b) and (c) insert:
and
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Dated: 30 June 2009.
Judges' signatures:
M. J. MURRAY CAROLYN JENKINS G. MILLER R. L. SIMMONDS JOHN McKECHNIE MICHAEL J. BUSS C. J. McLURE ANDREW BEECH C. PULLIN D. W. NEWNES ERIC M. HEENAN K. J. MARTIN R. LE MIERE G. MURPHY
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