Supreme Court (Associate Judges Amendment) Rules 2008 (Vic)

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Supreme Court (Associate Judges Amendment) Rules 2008

S.R. No. 100/2008

TABLE OF PROVISIONS

Rule  Page

PART 1—PRELIMINARY

1Object

2Authorising provisions

3Commencement

PART 2—AMENDMENT OF CHAPTER I

4Definitions

5Amendment of various references

6Seal of Court

7Further references amended

8New Rule 59.08 inserted

59.08Powers of Prothonotary

9Further consequential references

10Order 77 substituted

ORDER 77—AUTHORITY OF ASSOCIATE JUDGES

77.01Authority

77.02Limitations on authority

77.03Associate Judge to hear application

77.04Reference by Associate Judge to Judge of the Court

77.05Reference by Judge of the Court to Associate Judge

77.06Appeal to Judge of the Court

77.07Appeal to Court of Appeal

77.08Associate Judge may act for another

11Reference amendments

12Amendment of Forms

13Appendix A

PART 3—AMENDMENT OF CHAPTER II

14Jurisdiction of Associate Judges

15New Rules 1.12 and 1.13

1.12Reference by Judge of the Court to Associate Judge

1.13Application to be supported by affidavit

16Amendment of references

PART 4—AMENDMENT OF CHAPTER III

17Jurisdiction of Associate Judges

18New Rule 1.06.1 inserted

1.06.1Reference by Judge of the Court to Associate Judge

19References amended

PART 5—AMENDMENT OF CHAPTER IV

20Definitions

PART 6—AMENDMENT OF CHAPTER V

21References amended

22Amendments to Schedule 2

PART 7—AMENDMENT OF CHAPTER VI

23Authentication

24New Rule 1.16

1.16Exercise of jurisdiction by Judge of the Court or
Court of Appeal

25References amended

PART 8—AMENDMENT OF CHAPTER VII

26References amended

PART 9—AMENDMENT OF CHAPTER VIII

27References amended

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ENDNOTES

STATUTORY RULES 2008

S.R. No. 100/2008

Supreme Court Act 1986

Supreme Court (Associate Judges Amendment) Rules 2008

The Judges of the Supreme Court make the following Rules:

PART 1—PRELIMINARY

1Object

The object of these Rules is provide for the jurisdiction of Associate Judges.

2Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.

3Commencement

These Rules come into operation on the day that section 3 of the Courts Legislation Amendment (Associate Judges) Act 2008 comes into operation.

__________________

PART 2—AMENDMENT OF CHAPTER I

4Definitions

(1)In Rule 1.13(1) of the Supreme Court (General Civil Procedure) Rules 2005[1]—

(a)the definition of Master is revoked;

(b)in the definition of Registrar, after "Appeal" insert "and if the Registrar is an Associate Judge, means the Associate Judge who is the Registrar of the Court of Appeal".

(2)In Rule 1.13(2) of the Supreme Court (General Civil Procedure) Rules 2005—

(a)in subparagraph (a), after "a Judge" (where twice occurring) insert "of the Court";

(b)for subparagraph (b) substitute—

"(b)a reference to an Associate Judge is a reference to the Court constituted by an Associate Judge.".

5Amendment of various references

In the Supreme Court (General Civil Procedure) Rules 2005—

(a)in Rule 3.07, after "the Judges" insert "of the Court";

(b)in Rule 5.03(3), for "the Master" substitute "the Associate Judge";

(c)in Rule 12.12(3), for "a Master" substitute "an Associate Judge";

(d)in Rule 21.03(3), for "a Master" substitute "an Associate Judge";

(e)in Rule 28.01(2), for "a Master or the Taxing Master" substitute "an Associate Judge or the Associate Judge who is the Taxing Master".

6Seal of Court

For Rule 28.04(1) of the Supreme Court (General Civil Procedure) Rules 2005 substitute—

"(1)The Associate Judge who is the Senior Master, the Associate Judge who is the Taxing Master, every other Associate Judge, the Prothonotary, every Associate of a Judge of the Court, every Associate of an Associate Judge and any Registrar of a list shall each have in his or her custody a stamp, the design of which shall as near as practicable be the same as the design of the seal of the Court, with the addition of, in the case of—

(a)the Associate Judge who is the Senior Master, the words "Senior Master";

(b)the Associate Judge who is the Taxing Master, the words "Taxing Master";

(c)any other Associate Judge, the words "Associate Judge";

(d)the Prothonotary, the word "Prothonotary";

(e)an Associate of a Judge of the Court, the words "Associate of a Judge of the Court";

(f)an Associate of an Associate Judge, the words "Associate of an Associate Judge";

(g)a Registrar of a list, the words "Registrar" and the name of the list.".

7Further references amended

(1)In the Supreme Court (General Civil Procedure) Rules 2005—

(a)in Rule 30.11(3), for "the Judge" substitute "the Court";

(b)in Rule 31.13—

(i)in paragraph (1), for "a Master" substitute "an Associate Judge";

(ii)in paragraphs (2) and (4), for "The Master" substitute "The Associate Judge";

(iii)in paragraph (3), for "the Master" (where twice occurring) substitute "the Associate Judge";

(c)in Rule 32.03(3)(b), for "a Master" substitute "an Associate Judge";

(d)in Rule 32.08(3), for "a Master" substitute "an Associate Judge";

(e)in Rule 33.10—

(i)in paragraph (1), omit "by a Judge";

(ii)in paragraph (3)(a), for "Listing Master" substitute "Prothonotary";

(f)in Rule 33.11(1), omit "before a Judge";

(g)in Rule 37.03(4), after "a Judge" insert "of the Court";

(h)in the heading to Rule 37A.09, after "Judge" insert "of the Court";

(i)in Rule 37A.09, after "a Judge" insert "of the Court";

(j)in the heading to Rule 37B.09, after "Judge" insert "of the Court";

(k)in Rule 37B.09, after "a Judge" insert "of the Court";

(l)in Rule 41.01(1)(a), for "a Judge or a Master" substitute "a Judge of the Court or an Associate Judge";

(m)in Rule 41.05, for "a Judge or a Master" (where twice occurring) substitute "a Judge of the Court or an Associate Judge";

(n)in Rule 41.06, for "a Judge or a Master" substitute "a Judge of the Court or an Associate Judge";

(o)in Rule 41.08(6), for "a Judge or a Master" substitute "a Judge of the Court or an Associate Judge";

(p)in Rule 41.10(1), for "a Judge or a Master" substitute "a Judge of the Court or an Associate Judge";

(q)in Rule 41.19(3), for "a Master" substitute "an Associate Judge";

(r)in Rule 41.20, for "a Master" substitute "an Associate Judge";

(s)in Rule 42A.09(1), for "a Judge or Master" substitute "a Judge of the Court or an Associate Judge";

(t)in Rule 42A.10, for "a Judge or Master" substitute "a Judge of the Court or an Associate Judge";

(u)in Rule 45.04—

(i)in paragraph (2), for "a Master" substitute "an Associate Judge";

(ii)in paragraph (3), for "the Master" substitute "the Associate Judge";

(iii)in paragraph (4), for "Master" (where twice occurring) substitute "Associate Judge";

(iv)in paragraph (4)(c), after "Judge" insert "of the Court";

(v)in Rule 45.05—

(i)in paragraph (6) for "a Master" substitute "an Associate Judge";

(ii)in paragraph (7), for "a Master" substitute "an Associate Judge";

(iii)in paragraph (7), for "the Master" (where twice occurring) substitute "the Associate Judge";

(iv)in paragraph (7)(a), for "another Master" substitute "another Associate Judge";

(v)in paragraph (7)(c), after "Judge" insert "of the Court";

(w)in Rule 46.04(2)

(i)in paragraph (a), after "Judge" insert "of the Court";

(ii)in paragraph (b), for "a Master" substitute "an Associate Judge";

(iii)in paragraph (b), for "Master's" substitute "Associate Judge's";

(x)in Rule 46.05.1(2)—

(i)in paragraph (a), after "Judge" insert "of the Court";

(ii)in paragraph (b)—

(A)for "a Master" substitute "an Associate Judge";

(B)for "a Master's" substitute "an Associate Judge's";

(y)in Rule 46.06(2)—

(i)after "Judge" insert "of the Court";

(ii)for "a Master" substitute "an Associate Judge";

(iii)for "Master's" substitute "Associate Judge's";

(z)in Rule 48.07—

(i)in paragraph (2), for "a Master" substitute "an Associate Judge";

(ii)in paragraph (3), for "the Master" substitute "the Associate Judge".

(2)In the Supreme Court (General Civil Procedure) Rules 2005—

(a)in Rule 50.07(10), for "a Master" substitute "an Associate Judge";

(b)in the heading to Rule 50.07.1, for "Master" substitute "Associate Judge";

(c)in Rule 50.07.1—

(i)for "a Master" (where twice occurring) substitute "an Associate Judge";

(ii)for "the Master" (wherever occurring) substitute "the Associate Judge";

(iii)in paragraph (1)(b), after "Judge" insert "of the Court";

(d)in Rule 51.01, for "a Master" substitute "an Associate Judge";

(e)in Rule 51.04—

(i)for "a Master" substitute "an Associate Judge";

(ii)for "the Master" substitute "the Associate Judge";

(f)in Rule 52.09—

(i)in paragraph (2), for "a Master" substitute "an Associate Judge";

(ii)in paragraph (3), for "Master" substitute "Associate Judge";

(g)in Rule 53.07(1), after "by a Judge" insert "of the Court";

(h)in Rule 53.08(1), after "a Judge" insert "of the Court";

(i)in Rule 57.02(2), after "a Judge" insert "of the Court";

(j)in Rule 57.03(2), after "the Judge" insert "of the Court";

(k)in Rule 57.04, after "Judge" (where twice occurring) insert "of the Court";

(l)in Rule 57.09(1), after "a Judge" insert "of the Court";

(m)in Rule 58.01(2), after "by a Judge" insert "of the Court";

(n)in the heading to Part 2 of Order 58, for "A MASTER" substitute "AN ASSOCIATE JUDGE";

(o)in the heading to Rule 58.02, for "Master" substitute "associate judge of the County Court";

(p)in Rule 58.02(1)—

(i)for "a Master" substitute "an associate judge";

(ii)for "a Judge, appeal to a Judge" substitute "a Judge of the Court, appeal to a Judge of the Court";

(q)in Rule 58.03—

(i)in paragraph (1), for "County Court Master" substitute "associate judge of the County Court";

(ii)in paragraph (4), for "a Judge or the County Court Master" substitute "a Judge of the Court or an associate judge of the County Court";

(r)in Rule 58.04—

(i)in paragraph (1), after "Judge" insert "of the Court";

(ii)in paragraph (2), for "County Court Master" (wherever occurring) substitute "associate judge of the County Court";

(iii)in paragraph (2)(b) after "Judge" insert "of the Court";

(s)in Rule 58.05, for "a Judge or the County Court Master" substitute "a Judge of the Court or an associate judge of the County Court";

(t)in Rule 58.10—

(i)in paragraph (1), for "a Master" substitute "an Associate Judge";

(ii)in paragraphs (5), (6), (7) and (8) for "Master" (wherever occurring) substitute "Associate Judge";

(u)in Rule 58.11(2), for "Master" substitute "Associate Judge";

(v)in Rule 58.18 after "Judge" (wherever occurring) insert "of the Court";

(w)in Rule 58.19(1) after "Judge" insert "of the Court";

(x)in Rule 58.20 after "Judge" (wherever occurring) insert "of the Court";

(y)in Rule 58.21 after "Judge" insert "of the Court";

(z)in Rule 58.29 after "Judge" (wherever occurring) insert "of the Court".

(3)In Rule 59.06(1) of the Supreme Court (General Civil Procedure) Rules 2005, after "Judge" insert "of the Court".

8New Rule 59.08 inserted

After Rule 59.07 of the Supreme Court (General Civil Procedure) Rules 2005 insert—

"59.08   Powers of Prothonotary

(1)Except where federal jurisdiction is being exercised, the Prothonotary, in addition to performing the duties and exercising the powers and authorities imposed or conferred upon the Prothonotary by the Chief Justice or the Rules of the Supreme Court, may in any proceeding—

(a)make an order for the payment or taxation and payment of costs, including any reserved costs; and

(b)by consent of the parties—

(i)give judgment for the recovery of any debt or damages together with interest or damages in the nature of interest;

(ii)strike out or dismiss any proceeding;

(iii)make an order for the payment out of court of money paid into court (other than money paid into court for the benefit of a person under disability);

(iv)make an order for the stay of execution.

(2)Any person affected by any order made by the Prothonotary under paragraph (1)(a) may appeal to a Judge of the Court, and Rule 77.06 shall, with any necessary modification, apply as if the appeal were an appeal from an Associate Judge to a Judge of the Court.".

9Further consequential references

(1)In the Supreme Court (General Civil Procedure) Rules 2005—

(a)in Rule 60.02(2)(b), for "a Judge or a Master" substitute "a Judge of the Court or an Associate Judge";

(b)in Rule 60.03(3), for "Judge or Master" substitute "Judge of the Court or the Associate Judge";

(c)in the heading to Rule 60.04, for "or Master" substitute "of the Court or Associate Judge";

(d)in Rule 60.04—

(i)in paragraph (1), for "a Judge or Master" substitute "a Judge of the Court or an Associate Judge";

(ii)in paragraph (1)(b), for "the Judge or Master" substitute "the Judge of the Court or the Associate Judge";

(iii)in paragraph (2), for "Judge or Master" (where twice occurring) substitute "Judge of the Court or Associate Judge";

(e)in Rule 61.01(2), for "A Master" substitute "An Associate Judge";

(f)in Rule 61.02—

(i)for "a Master" (wherever occurring) substitute "an Associate Judge";

(ii)in paragraph (8), after "Judge" insert "of the Court";

(g)in Rules 61.03, 61.04 and 61.07, for "a Master" (wherever occurring) substitute "an Associate Judge";

(h)in Rule 63.01(2)(a), after "Taxing Master" insert "or the Associate Judge who is the Taxing Master";

(i)in Rule 63.05(a), for "a Master" substitute "another Associate Judge";

(j)in Rule 63.06, for "Masters" substitute "Associate Judges";

(k)in Rule 63.08(3), for "77.05" substitute "77.06";

(l)in Rule 63.23 for "a Master" substitute "another Associate Judge";

(m)in Rule 63.35 for "a Master" substitute "an Associate Judge";

(n)in the heading to Rule 63.51, after "Judge" insert "of the Court";

(o)in Rule 63.51, after "Judge" insert "of the Court";

(p)in the heading to Rule 63.57, after "Judge" insert "of the Court";

(q)in Rule 63.57, after "Judge" (wherever occurring) insert "of the Court";

(r)in Rule 64.03, after "Judge" (wherever occurring) insert "of Appeal";

(s)in Rule 64.09(2), after "Judge" insert "of the Court or the Associate Judge, as the case may be,";

(t)in the heading to Rule 64.21, for "Masters" substitute "Associate Judges";

(u)in Rule 64.21 for "Master" (wherever occurring) substitute "Associate Judge";

(v)in Rule 64.23—

(i)in paragraph (2), after "Judge" insert "of the Court";

(ii)in paragraph (6), after "Judge" insert "of the Court or an Associate Judge, as the case may be";

(w)in Rule 64.25, after "Judge" insert "of the Court, or an Associate Judge, as the case may be";

(x)in Rule 64.26(1)(na) for "Master" substitute "Associate Judge".

(2)In the Supreme Court (General Civil Procedure) Rules 2005—

(a)in the heading to Rule 64.28, for "Master" substitute "Associate Judge";

(b)in Rule 64.28 for "Master" substitute "Associate Judge";

(c)in Rule 66.01, for the definition of judgment for the payment of money into court substitute—

"judgment for the payment of money into court includes a judgment for the payment of money to the Senior Master;";

(d)in Rules 66.02(4) and 67.02(2) for "a Master" substitute "an Associate Judge";

(e)in Rule 67.06 for "Judge or Master" substitute "Judge of the Court or Associate Judge";

(f)in Rule 73.11(3) for "Prothonotary, Master or other officer of the Court" substitute "Senior Master or Prothonotary";

(g)in Rule 75.06(3)(b), after "Judge" insert "of the Court";

(h)in Rule 75.09(1)(a), after "Judge" insert "of the Court".

10Order 77 substituted

For Order 77 of the Supreme Court (General Civil Procedure) Rules 2005 substitute—

"ORDER 77

AUTHORITY OF ASSOCIATE JUDGES

77.01Authority

(1)Subject to this Order, an Associate Judge, in addition to exercising the powers and authorities conferred by any other provision of these Rules, may, in any proceeding to which these Rules apply, give any judgment or make any order, including any judgment or order in the exercise of the inherent jurisdiction of the Court.

(2)Subject to this Order, an Associate Judge, in addition to exercising the powers and authorities conferred by any other provision of these Rules, may hear and determine—

(a)any application and exercise any powers and authorities under the following statutory provisions—

(i)section 65 of the Administration and Probate Act 1958, and Part IV of that Act, if an order is sought under that Part by consent;

(ii)sections 3, 4, 5 and 6 of the Administrative Law Act 1978;

(iii)sections 34 and 37(2) of the Associations Incorporation Act 1981;

(iv)Divisions 1, 1A, 1B and 1C of Part I and section 42E of the Evidence Act 1958;

(v)section 66 of the Guardianship and Administration Act 1986;

(vi)section 5 of the Instruments Act 1958;

(vii)section 3.4.33 of the Legal Profession Act 2004;

(viii)section 84(3) of the Property Law Act 1958 and, if the application is not opposed, the other provisions of section 84 of that Act;

(ix)section 17(1), 18(3), 19(1), 25(1), 30(1), 33, 35(3), 39(1), 43, 44(1), 45(3), 57(1), 61, 67(1), 71, 72(1), 87(4), 105(4) or 106(1) of the Service and Execution of Process Act 1992 of the Commonwealth;

(x)sections 18, 22, 24, 32, 51A, 58, 59, 60, 76, 77 and 78 of the Supreme Court Act 1986, and, if otherwise the Associate Judge would exercise jurisdiction under these Rules to give, or the plaintiff would be entitled, under these Rules to enter judgment for the possession of land, section 85 of that Act;

(xi)sections 48(1) and 63A(1)(a) and 63A(3) of the Trustee Act 1958, in respect of trusts entered into in consequence of an order of the Court made in respect of money held or to be held on behalf of a person under a disability;

(b)an application under any Act for payment or transfer to any person of any money or securities in Court, including any interest;

(c)an application for or relating to the sale of property by auction or private contract, and for payment into court and investment of the purchase money;

(d)an application—

(i)for the appointment of a receiver by way of equitable execution;

(ii)for an injunction ancillary or incidental to equitable execution;

(iii)made under Rule 21.04(1) for judgment for an injunction.

77.02Limitations on authority

(1)Subject to paragraph (2) and Rules 12.12, 22.06(1)(d), 32.08(3) and 77.01(2)(b), (c) and (d)—

(a)the trial of a proceeding shall not be held before an Associate Judge; and

(b)an Associate Judge shall not give any judgment or make any order at the trial of a proceeding.

(2)Except as provided by paragraph (3)(a), (c), (d) or (e), an Associate Judge may at the trial of a proceeding give judgment or make an order by consent of all parties.

(3)An Associate Judge shall not have authority to hear and determine—

(a)any application which by these Rules or any Act is required to be heard only by a Judge of the Court or the Court of Appeal, as the case requires;

(b)subject to Rule 77.01(2)(d), any application for an injunction or other order under section 37 of the Supreme Court Act 1986;

(c)any proceeding relating to the liberty of the subject;

(d)any criminal proceeding, other than an appeal or an application for leave to appeal under Part 3 of Order 58;

(e)any application under section 21 of the Supreme Court Act 1986.

(4)Except where the trial was conducted by an Associate Judge, an order under Rule 49.02(2) shall only be made by a Judge of the Court.

77.03Associate Judge to hear application

(1)Subject to paragraph (2), an application in a proceeding for any judgment or order which may, in accordance with this Order, be given or made by an Associate Judge shall be made to an Associate Judge, not a Judge of the Court.

(2)A judgment or order to which paragraph (1) applies may be given or made by a Judge of the Court on—

(a)a reference by an Associate Judge to a Judge of the Court under Rule 77.04;

(b)an application made by special leave of a Judge of the Court;

(c)an appeal from an Associate Judge under Rule 77.06;

(d)the trial of the proceeding.

77.04Reference by Associate Judge to Judge of the Court

(1)If on an application to an Associate Judge in accordance with Rule 77.01 it appears to the Associate Judge that the application is proper for the determination of a Judge of the Court, the Associate Judge may refer the application to a Judge of the Court.

(2)The Judge of the Court to whom the application is referred may—

(a)hear and determine the application; or

(b)refer it back to the Associate Judge with directions.

(3)An Associate Judge may refer to a Judge of the Court for directions any question arising on an application to the Associate Judge.

77.05Reference by Judge of the Court to Associate Judge

(1)If a matter before a Judge of the Court, which matter would not otherwise be within the authority of an Associate Judge, appears to the Judge to be proper for the determination of an Associate Judge, the Judge of the Court, by order, may refer the matter to an Associate Judge.

(2)If a Judge of the Court refers a matter to an Associate Judge, the Associate Judge may—

(a)hear and determine the matter, subject to any directions in the order referring the matter; or

(b)refer the matter back to the Judge of the Court in accordance with Rule 77.04.

77.06Appeal to Judge of the Court

(1)Subject to paragraph (2) and Rule 77.07, any person affected by any judgment given or order made by an Associate Judge under any Chapter of the Rules of the Supreme Court may appeal to a Judge of the Court.

(2)No judgment or order of an Associate Judge given or made by consent or order of an Associate Judge as to costs only shall be the subject of appeal under paragraph (1) except by leave of a Judge of the Court or the Associate Judge.

(3)If the application on which the Associate Judge gave the judgment or made the order was not made on notice, the appeal shall be brought on for hearing within five days of the judgment or order.

(4)If the application was made on notice, the appeal shall be by notice in writing to attend before a Judge of the Court on the day and at the time named in the notice, and the notice shall be filed within five days of the judgment or order.

(5)The notice shall be served on every person interested not less than two days before the day named in the notice.

(6)An order extending the time fixed by paragraph (3) or (4) may be made by a Judge of the Court or the Associate Judge.

(7)The appeal shall be by re-hearing de novo of the application to the Associate Judge but each party may, subject to any proper objections to admissibility—

(a)rely upon any affidavit used before the Associate Judge and upon any evidence given orally before the Associate Judge;

(b)by special leave of the Judge of the Court, rely upon an affidavit or oral evidence not used or given before the Associate Judge.

(8)Except so far as a Judge of the Court or the Associate Judge otherwise orders, an appeal shall not operate as a stay of execution or of proceedings under the judgment or order.

77.07Appeal to Court of Appeal

(1)For the purposes of section 17(3) of the Supreme Court Act 1986, in a proceeding to which any Chapter of the Rules of the Supreme Court (except Chapter V) applies—

(a)an appeal lies to the Court of Appeal from the Trial Division constituted by an Associate Judge in respect of a matter not otherwise within the authority of an Associate Judge which is referred to an Associate Judge by a Judge of the Court; and

(b)if the matter referred to the Associate Judge by a Judge of the Court was a matter of a kind from which an appeal lies from the determination of a Judge of the Court by leave of the Court of Appeal, the appeal from the Trial Division constituted by an Associate Judge shall only be by leave of the Court of Appeal.

(2)Order 64 applies to an appeal referred to in paragraph (1) with any necessary modification.

Note

Chapter V contains its own rules about appeals from an order of an Associate Judge under that Chapter.

77.08Associate Judge may act for another

If circumstances so require, an Associate Judge may hear and determine an application instead of the Associate Judge by whom it would otherwise be heard and determined.

__________________".

11Reference amendments

In the Supreme Court (General Civil Procedure) Rules 2005—

(a)in the heading to Rule 78.06, for "Master" substitute "Associate Judge";

(b)in Rule 78.06, for "a Master" substitute "an Associate Judge";

(c)in the heading to Rule 78.07, for "Master's" substitute "Associate Judge's";

(d)in Rule 78.07—

(i)in paragraph (1), for "a Master" substitute "an Associate Judge";

(ii)in paragraphs (2), (3) and (4) for "Master" (wherever occurring) substitute "Associate Judge";

(e)in the heading to Rule 78.08, for "Master" substitute "Associate Judge";

(f)in Rule 78.08, for "77.05" substitute "77.06";

(g)in Rule 79.06(4)—

(i)after "a Judge" insert "of the Court";

(ii)for "77.05" substitute "77.06";

(h)in Rule 81.03(2)(c), for "or Master" (where twice occurring) substitute "of the Court or an Associate Judge".

12Amendment of Forms

In the Supreme Court (General Civil Procedure) Rules 2005—

(a)in Form 5A, after "a Judge" (wherever occurring) insert "of the Court";

(b)in Form 5E—

(i)for "the Master" (where first occurring), substitute "an Associate Judge";

(ii)for "the Master" (wherever subsequently occurring), substitute "the Associate Judge";

(iii)after "Judge", insert "of the Court";

(c)in Form 15A—

(i)for "JUDGE [or MASTER]:" substitute "JUDGE OF THE COURT [or ASSOCIATE JUDGE]:";

(ii)for "by Judge" substitute "by a Judge of the Court";

(iii)after "to a Judge" insert "of the Court";

(d)in Form 15B—

(i)for "JUDGE [or MASTER]:" substitute "JUDGE OF THE COURT [or ASSOCIATE JUDGE]:";

(ii)for "by Judge" substitute "by a Judge of the Court";

(iii)after "to a Judge" insert "of the Court";

(e)in Form 39A for "a Master" substitute "an Associate Judge";

(f)in Form 41AA for "the Master" substitute "the Associate Judge";

(g)in Form 42AA for "a Master" (where twice occurring) substitute "an Associate Judge";

(h)in Form 45A—

(i)for "Master" (wherever occurring) substitute "Associate Judge";

(ii)after "to a Judge" insert "of the Court";

(i)in Form 46A for "Master" substitute "Associate Judge";

(j)in Form 58E, after "Judge" (where twice occurring) insert "of the Court";

(k)in Form 60A for "JUDGE [or MASTER]: [e.g. Justice     or Master     ]" substitute "JUDGE OF THE COURT [or ASSOCIATE JUDGE]:";

(l)in Forms 60C, 60J, 60K and 60L for "JUDGE [or MASTER];" substitute "JUDGE OF THE COURT [or ASSOCIATE JUDGE];";

(m)in the headings to Forms 61A, 61B and 61E, for "MASTER" substitute "ASSOCIATE JUDGE";

(n)in Forms 61A and 61B, for "a Master" substitute "an Associate Judge";

(o)in Form 61E for "Master" (where twice occurring) substitute "Associate Judge";

(p)in Form 61F, for "Master" substitute "Associate Judge";

(q)in Form 61G for "Master" (wherever occurring) substitute "Associate Judge";

(r)in Form 61H—

(i)for "a Master" (where twice occurring) substitute "an Associate Judge";

(ii)for "Master" (wherever occurring) substitute "Associate Judge";

(s)in Forms 61L, 61M, 61P and 61R, for "Master" substitute "Associate Judge";

(t)in Form 72F, for "Master" substitute "Associate Judge".

13Appendix A

In Appendix A to the Supreme Court (General Civil Procedure) Rules 2005—

(a)in item 12 for "Judge or Master" substitute "Judge of the Court or Associate Judge;"

(b)in item 34 for "a Judge, a Master or the Taxing Master, Listing Master," substitute "a Judge of the Court, an Associate Judge, the Taxing Master";

(c)in item 35(c) for "a Judge or Master or the Taxing Master, Listing Master" substitute "a Judge of the Court or an Associate Judge or the Taxing Master".

__________________

PART 3—AMENDMENT OF CHAPTER II

14Jurisdiction of Associate Judges

(1)In the heading to Rule 1.11 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008[2], for "Master" substitute "Associate Judges".

(2)In Rule 1.11 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008—

(a)in paragraphs (1), (2) and (3), for "a Master" (wherever occurring) substitute "an Associate Judge";

(b)in paragraph (4)—

(i)for "A Master" substitute "An Associate Judge";

(ii)in subparagraph (a), after "Judge" insert "of the Court".

(3)In Rule 1.11(5) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008—

(a)for "This" substitute "Subject to these Rules, this";

(b)for "Rules 77.03, 77.04, 77.06, 77.07 and 77.08" substitute "Rules 77.03, 77.04, 77.05 and 77.08".

15New Rules 1.12 and 1.13

For Rule 1.12 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 substitute—

"1.12   Reference by Judge of the Court to Associate Judge

(1)If a matter before a Judge of the Court, which matter would not otherwise be within the authority of an Associate Judge, is a matter to which these Rules apply and it appears to the Judge to be proper for the determination of an Associate Judge, the Judge of the Court, by order, may refer the matter to an Associate Judge.

(2)If a Judge of the Court refers a matter to an Associate Judge, the Associate Judge may—

(a)hear and determine the matter, subject to any directions in the order referring the matter; or

(b)refer the matter back to the Judge of the Court for hearing and determination.

1.13Application to be supported by affidavit

(1)In a proceeding to which this Part applies, evidence shall be given by affidavit except—

(a)where otherwise provided by any Act or these Rules; or

(b)where the Court otherwise orders.

(2)An affidavit in support of an application made without notice to any person shall show the parties interested and their interests.

(3)Any document referred to as an exhibit to an affidavit shall be made available for inspection by any person on whom service of a copy of the affidavit is required.".

16Amendment of references

(1)In the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008—

(a)in Rule 2.01—

(i)in the definition of Commercial List Judge, after "a Judge" insert "of the Court";

(ii)in the definition of Judge in charge, after "a Judge" insert "of the Court";

(b)in Rule 2.02(4)—

(i)after "a Judge" insert "of the Court";

(ii)in subparagraph (b) after "other Judge" insert "of the Court";

(c)in Rule 2.02(5), for "Rule 1.11, a Master" substitute "Rules 1.11 and 1.12, an Associate Judge";

(d)in Rule 2.02(6)—

(i)after "paragraph (4)" insert "and Rule 1.11(5),";

(ii)for "a Master" substitute "an Associate Judge";

(e)in Rule 3.01, in the definition of the Judge, for "Judge in" substitute "Judge of the Court in";

(f)in Rule 3.02(1), after "A Judge" insert "of the Court";

(g)in Rule 3.02(3)—

(i)after "another Judge" insert "of the Court";

(ii)in subparagraph (b) after "other Judge" insert "of the Court";

(h)in Rule 3.02(4), for "Rule 1.11, a Master" substitute "Rules 1.11 and 1.12, an Associate Judge";

(i)in the heading to Rule 4.03, after "Judge" insert "of the Court";

(j)in Rule 4.03, after "a Judge" insert "of the Court";

(k)in Rule 4.05(2)(a), for "the Master" substitute "the Associate Judge";

(l)in the heading to Rule 4.08, for "Master" substitute "Associate Judge";

(m)in Rule 4.08—

(i)in paragraph (1), for "a Master" substitute "an Associate Judge";

(ii)in paragraph (5), for "the Master" (where twice occurring) substitute "the Associate Judge";

(n)in Rule 4.09, for "Master" (wherever occurring) substitute "Associate Judge";

(o)in Rule 4.13—

(i)in paragraph (1), for "a Master" substitute "an Associate Judge";

(ii)in paragraphs (5), (6), (7) and (9), for "Master" (wherever occurring) substitute "Associate Judge";

(p)in Rule 7.04, after "a Judge" (wherever occurring) insert "of the Court";

(q)in Rule 8.01, in the definition of the Judge, for "Judge in" substitute "Judge of the Court in";

(r)in Rule 8.04(1), after "A Judge" insert "of the Court";

(s)in Rule 8.04(3)—

(i)after "another Judge" insert "of the Court";

(ii)in subparagraph (b) after "other Judge" insert "of the Court";

(t)in Rule 9.03(2), for "A Master" substitute "An Associate Judge";

(u)in Rule 9.06(2), after "a Judge" insert "of the Court";

(v)in the heading to Rule 11.12, for "Master" substitute "Associate Judge";

(w)in Rule 11.12, for "a Master" substitute "an Associate Judge";

(x)in Rule 12.03(1)(b), after "Judge" insert "of the Court";

(y)in the heading to Rule 12.04, after "Judge" insert "of the Court";

(z)in Rule 12.04, after "a Judge" insert "of the Court".

(2)In the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008—

(a)in the heading to Rule 12.05, after "Judge" insert "of the Court";

(b)in Rules 12.05(1) and 12.05(2), after "the Judge" insert "of the Court";

(c)in Rules 12.06 and 12.07, after "the Judge" (wherever occurring) insert "of the Court";

(d)in Rule 13.10(1), after "a Judge" insert "of the Court";

(e)in Rule 13.10(2), for "A Master" substitute "An Associate Judge";

(f)in Rule 14.02(5), for "a Master" substitute "an Associate Judge";

(g)in Rule 14.05(3), after "a Judge" insert "of the Court";

(h)in Rule 14.13—

(i)in paragraph (5), for "a Master" substitute "an Associate Judge";

(ii)in paragraph (6), for "The Master" substitute "The Associate Judge";

(iii)in paragraph (6), after "a Judge" insert "of the Court";

(i)in Rule 16.10(1), for "Judge's or Master's Associate" substitute "Associate of the Judge of the Court or Associate of the Associate Judge";

(j)in the heading to Rule 17.04, for "Master" substitute "Associate Judge";

(k)in Rule 17.04, for "a Master" substitute "an Associate Judge";

(l)in the heading to Rule 17.07, for "Master" substitute "Associate Judge";

(m)in Rule 17.07, for "a Master" substitute "an Associate Judge";

(n)in Rule 21.07, after "a Judge" (where twice occurring) insert "of the Court";

(o)in Rule 23.04, for "a Master" substitute "an Associate Judge";

(p)in Rule 23.07, for "a Judge or a Master" substitute "a Judge of the Court or an Associate Judge";

(q)in Form 2–23B, for "Master" substitute "Associate Judge".

__________________

PART 4—AMENDMENT OF CHAPTER III

17Jurisdiction of Associate Judges

(1)In the heading to Rule 1.06 of the Supreme Court (Administration and Probate) Rules 2004[3], for "Master" substitute "Associate Judge".

(2)In Rule 1.06 of the Supreme Court (Administration and Probate) Rules 2004—

(a)in paragraphs (1), (2) and (3), for "a Master" (wherever occurring) substitute "an Associate Judge";

(b)in paragraph (4)—

(i)for "A Master" substitute "An Associate Judge";

(ii)after "Judge" insert "of the Court".

(3)In Rule 1.06(5) of the Supreme Court (Administration and Probate) Rules 2004, for "Rules 77.03, 77.04, 77.06, 77.07 and 77.08" substitute "Rules 77.03, 77.04, 77.05 and 77.08".

18New Rule 1.06.1 inserted

After Rule 1.06 of the Supreme Court (Administration and Probate) Rules 2004 insert—

"1.06.1   Reference by Judge of the Court to Associate Judge

(1)If a matter before a Judge of the Court, which matter would not otherwise be within the authority of an Associate Judge, is a matter to which these Rules apply and it appears to the Judge to be proper for the determination of an Associate Judge, the Judge of the Court, by order, may refer the matter to an Associate Judge,.

(2)If a Judge of the Court refers a matter to an Associate Judge, the Associate Judge may—

(a)hear and determine the matter, subject to any directions in the order referring the matter; or

(b)refer the matter back to the Judge of the Court for hearing and determination.".

19References amended

(1)In the Supreme Court (Administration and Probate) Rules 2004—

(a)in Rule 6.08(3), after "Judge" insert "of the Court";

(b)in Rule 8.03(3)(b), after "Judge" insert "of the Court";

(c)in Rule 8.05(2), after "Judge" insert "of the Court";

(d)in Rule 8.07, after "Judge" (where twice occurring) insert "of the Court";

(e)in Rule 8.08, after "Judge" (where twice occurring) insert "of the Court";

(f)in Rule 10.02(b), for "a Master" substitute "an Associate Judge";

(g)in Rule 10.06—

(i) in paragraph (1), for "A Master" substitute "An Associate Judge";

(ii) in paragraph (3), for "Master" substitute "Associate Judge".

(2)In the Supreme Court (Administration and Probate) Rules 2004—

(a)in Form 3–10A, for "a Master" substitute "an Associate Judge";

(b)in Form 3–10E, for "Master:" substitute "Associate Judge:".

__________________

PART 5—AMENDMENT OF CHAPTER IV

20Definitions

In Rule 5 of the Supreme Court (Adoption) Rules 2005[4], in the definition Judge, after "Court" insert ", whether the Supreme Court or the County Court,".

__________________

PART 6—AMENDMENT OF CHAPTER V

21References amended

(1)In the Supreme Court (Corporations) Rules 2003[5]—

(a)in the heading to Rule 5.9 for "Master" substitute "Associate Judge";

(b)in Rule 5.9—

(i)in paragraph (a), for "a Master" substitute "an Associate Judge";

(ii)for "the Master" (where twice occurring) substitute "the Associate Judge";

(c)in the heading to Order 16, for "MASTERS" substitute "ASSOCIATE JUDGES";

(d)in Rule 16.1(1)—

(i)for "A Master" substitute "An Associate Judge";

(ii)after "Judge" insert "of the Court";

(e)in Rule 16.1(3)—

(i)for "A Master" substitute "An Associate Judge";

(ii)for "a Master by a Judge" substitute "an Associate Judge by a Judge of the Court";

(f)in the heading to Rule 16.2 for "Master" substitute "Associate Judge";

(g)in Rule 16.2—

(i)for "a Master" (where twice occurring) substitute "an Associate Judge";

(ii)for "the Master" (where twice occurring) substitute "the Associate Judge";

(iii)after "Judge" (wherever occurring) insert "of the Court";

(h)in the heading to Rule 16.3—

(i)for "Master's" substitute "Associate Judge's";

(ii)after "Judge" insert "of the Court";

(i)in Rule 16.3—

(i)for "a Master" (wherever occurring) substitute "an Associate Judge";

(ii)after "a Judge" (where twice occurring) insert "of the Court";

(j)in the heading to Rule 16.4 for "Master" substitute "Associate Judge";

(k)in Rule 16.4, for "a Master" substitute "an Associate Judge";

(l)in Rule 16.5—

(i)for "a Master" (wherever occurring) substitute "an Associate Judge";

(ii)for "the Master" (wherever occurring) substitute "the Associate Judge";

(iii)after "Judge" (wherever occurring) insert "of the Court";

(m)in the heading to Rule 16.6 for "Master" substitute "Associate Judge";

(n)in Rule 16.6—

(i)in paragraph (1), for "a Master" substitute "an Associate Judge";

(ii)for "Master" (wherever occurring) substitute "Associate Judge";

(iii)in paragraph (3)(b), for "Master's" substitute "Associate Judge's";

(o)in the heading to Rule 16.8 for "Master" substitute "Associate Judge";

(p)in Rule 16.8, for "a Master" substitute "an Associate Judge";

(q)in the heading to Rule 16.9 for "Master" substitute "Associate Judge";

(r)in Rule 16.9—

(i)in paragraphs (1), (2), (3) and (4) for "Master" (wherever occurring) substitute "Associate Judge";

(ii)in paragraph (4), after "Judge" (where twice occurring) insert "of the Court";

(iii)in paragraph (5), for "a Master" substitute "an Associate Judge";

(s)in Rule 17.2(2), for "a Master" substitute "an Associate Judge".

(2)In the Supreme Court (Corporations) Rules 2003—

(a)in Forms 2 and 3, for "[name of Judge or Master]" substitute "[name of Judge of the Court or Associate Judge]";

(b)in Form 15, for "*Judge/*Master" substitute "*Judge of the Court /*Associate Judge";

(c)in Form 19, for "a Master" substitute "an Associate Judge".

22Amendments to Schedule 2

(1)In the heading to Schedule 2 to the Supreme Court (Corporations) Rules 2003, for "A MASTER" substitute "AN ASSOCIATE JUDGE".

(2)In Schedule 2 to the Supreme Court (Corporations) Rules 2003—

(a)in column 1, for "a Master" (wherever occurring) substitute "an Associate Judge";

(b)in column 1, for "the Master" (wherever occurring) substitute "the Associate Judge".

__________________

PART 7—AMENDMENT OF CHAPTER VI

23Authentication

In Rule 1.13(2) of the Supreme Court (Criminal Procedure) Rules 2008[6], after "a Judge" insert "of the Court".

24New Rule 1.16

After Rule 1.15 of the Supreme Court (Criminal Procedure) Rules 2008 insert—

"1.16   Exercise of jurisdiction by Judge of the Court or Court of Appeal

Unless these Rules specifically provide otherwise, any application and the exercise of any powers and authorities in relation to a proceeding or any other matter to which these Rules apply shall be heard and determined by the Trial Division constituted by a Judge of the Court or the Court of Appeal, as the case requires.".

25References amended

In the Supreme Court (Criminal Procedure) Rules 2008—

(a)in Rule 4.03 after "the Judge" (wherever occurring) insert "of the Court";

(b)in Rule 4.08(1) after "the Judge" (wherever occurring) insert "of the Court";

(c)in Rule 5.02, for "Master" substitute "Associate Judge";

(d)in Rule 5.04, after "a Judge" insert "of the Court";

(e)in Rule 6.02(3) after "a Judge" insert "of the Court";

(f)in Rule 6.09(3) after "a Judge" insert "of the Court";

(g)in Rule 6.15, for "a Master" substitute "an Associate Judge";

(h)in Rule 7.04(a) after "the Judge" insert "of the Court";

(i)in Rule 7.08—

(i)after "the Judge" (wherever occurring) insert "of the Court";

(ii)in paragraph (3)(d) and (3)(e), after "a Judge" insert "of the Court";

(j)in Rules 9.04(a), 11.04(a) and 12.08(a), after "the Judge" insert "of the Court";

(k)in Rule 13.03 after "a Judge" (where twice occurring) insert "of the Court";

(l)in Rule 13.08(a) after "the Judge" insert "of the Court";

(m)in Rule 14.03 after "a Judge" insert "of the Court";

(n)in Rule 14.05(a) after "the Judge" insert "of the Court";

(o)in Rule 14.06 after "the Judge" (wherever occurring) insert "of the Court".

__________________

PART 8—AMENDMENT OF CHAPTER VII

26References amended

In the Supreme Court (Admiralty) Rules 2000[7]—

(a)in Rule 1.06, in the definition of the Judge in Admiralty, after "the Judge" insert "of the Court";

(b)in Rule 2.04(3), for "A Master" substitute "An Associate Judge";

(c)Rule 2.04(4) is revoked;

(d)in Rule 3.01(1), after "A Judge" insert "of the Court";

(e)in Rule 3.01(3), after "another Judge" insert "of the Court";

(f)in Rule 3.01(4), for "A Master" substitute "An Associate Judge".

__________________

PART 9—AMENDMENT OF CHAPTER VIII

27References amended

In the Supreme Court (Intellectual Property) Rules 2006[8]—

(a)in the heading to Rule 2.01, after "Judge" insert "of the Court";

(b)in Rule 2.01(1), after "Judge" insert "of the Court";

(c)in Rule 2.01(3), after "another Judge" insert "of the Court".

Dated:    28 August 2008

CHRISTOPHER MAXWELL, P.

DAVID ASHLEY, J.A.

MARCIA NEAVE, J.A.

ROBERT REDLICH, J.A.

JULIE DODDS-STREETON, J.A.

MARK WEINBERG, J.A.

T. H. SMITH, J.

D. L. HARPER, J.

H. R. HANSEN, J.

BERNARD D. BONGIORNO, J.

K. WILLIAMS, J.

STEPHEN KAYE, J.

SIMON P. WHELAN, J.

ELIZABETH HOLLINGWORTH, J.

KEVIN H. BELL, J.

KIM HARGRAVE, J.

ANTHONY CAVANOUGH, J.

ELIZABETH CURTAIN, J.

PAUL COGHLAN, J.

ROSS ROBSON, J.

JACK FORREST, J.

JAMES JUDD, J.

EMILIOS KYROU, J.

═══════════════

ENDNOTES


[1] Rule 4: S.R. No. 148/2005.  Reprint No. 1 as at 3 September 2007.  Reprinted to S.R. No. 91/2007 and subsequently amended by S.R. Nos 128/2007 and 32/2008.

[2] Rule 14: S.R. No. 94/2008.

[3] Rule 17: S.R. No. 54/2004.

[4] Rule 20: S.R. No. 133/2005.

[5] Rule 21: S.R. No. 107/2003 as amended by S.R. Nos 47/2005, 44/2006, 44/2007 and 104/2007.

[6] Rule 23: S.R. No. 12/2008.

[7] Rule 26: S.R. No. 37/2000.

[8] Rule 27: S.R. No. 163/2006.

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