Supreme Court (Justices Appeals) Rules (Cth)

STATUTORY RULES

1969 No. 167

 

RULES UNDER THE NORTHERN TERRITORY SUPREME COURT ACT 1961-1969*

I, RICHARD ARTHUR BLACKBURN, the senior Judge of the Supreme Court of the Northern Territory of Australia, in pursuance of the powers conferred on me by the Northern Territory Supreme Court Act 1961-1969, hereby make the following Rules of Court.

Dated this third day of October, 1969.

R. A. BLACKBURN

Senior Judge.

 

SUPREME COURT (JUSTICES APPEALS) RULES

Citation.

1. These Rules may be cited as the Supreme Court (Justices Appeals) Rules.

Commencement.

2. These Rules shall come into operation on the first day of January, 1970, and shall apply to every proceeding of the kind mentioned in rule 4 of these Rules instituted on or after that date.

Interpretation.

3—(1.) In these Rules, unless the contrary intention appears—

“Form 61” means Form 61 in the Schedule to the Justices Regulations of the Northern Territory of Australia;

“the Master” means the Master appointed in pursuance of section 31 of the Northern Territory Supreme Court Act 1961-1969, and includes an Acting Master and a Deputy Master and any person who, in relation to any act or duty, is directed or appointed by a Judge of the Supreme Court to perform that act or duty;

“the Supreme Court Rules” means the Rules of the Supreme Court of the Northern Territory of Australia.

(2.) In these Rules, a reference to a section by number shall, unless the contrary intention appears, be read as a reference to the section so numbered in the Justices Ordinance 1928-1965 of the Northern Territory of Australia.

(3.) These Rules shall, unless the contrary intention appears, be read as supplementary to and not as amending or repealing the Supreme Court Rules.

Application of these Rules.

4. These Rules are applicable to—

(a) all special cases stated under section 162;

(b) all questions of law reserved under section 162a; and

(c) all appeals to the Supreme Court under section 163.

Time for hearing proceedings under these Rules.

5.—(1.) Sittings of the Supreme Court for hearing proceedings under these Rules shall commence at the times mentioned in the notices published from time to time in the Government Gazette of the Northern Territory of Australia pursuant to sub-section (3.) of section 12 of the Northern Territory Supreme Court Act 1961-1969.

 

* Notified in the Northern Territory Government Gazette on 19 November 1969.

17574/69—Price 8c

 

(2.) Any such proceedings may be heard on the first day of any such sitting or as soon thereafter as counsel may be heard.

Special cases and other questions of law.

6.—(1.) Where a court of summary jurisdiction reserves a question of law under section 162a, the Justice or Justices constituting the court shall—

(a) prepare a document setting out the question and a statement of the circumstances out of which the question arose;

(b) sign the document; and

(c) forward the document, together with—

(i) a copy of the evidence;

(ii) each exhibit admitted in evidence or, if it appears, to the Justice or Justices that it would be inconvenient to forward any such exhibit, a statement as to the nature of the exhibit and why it would be inconvenient to forward it; and

(iii) a copy of the written consent of the Crown Law Officer referred to in sub-section (2.) of section 162a,

to the Master.

(2.) Form 61 may be used, with such adaptations as may be necessary, for the purpose of preparing the document.

(3.) Where a court of summary jurisdiction states a special case under section 162, the Justice or Justices constituting the court shall forward to the Master—

(a) a document in accordance with Form 61 stating the special case; and

(b) each exhibit admitted in evidence or, if it appears to the Justice or Justices that it would be inconvenient to forward any such exhibit, a statement as to the nature of the exhibit and why it would be inconvenient to forward it.

(4.) When the Master receives such document and copies and such exhibits or statements as are required under this rule to be forwarded to him where a special case is stated under section 162 or a question of law is reserved under section 162a, he shall forthwith serve on, every party to the proceedings—

(a) a copy of the document; and

(b)notice in writing of the first day of the sittings of the Supreme Court at which the special case or question of law is to be heard.

Grounds of appeal under section 163.

7. Every ground of appeal under section 163 shall be clearly stated in a notice of appeal and the appellant shall not be entitled, on the hearing of his appeal, to rely upon any ground which is not so stated; but the Supreme Court or a Judge may give leave to amend the notice upon such terms, as to adjournment or otherwise, as may be just.

Summary dismissal of appeal under section 163.

8.—(l.) When notice of appeal has been given, the respondent may apply by summons to a Judge in chambers for the summary dismissal of the appeal upon any of the grounds following:—

(a) that the appellant has not complied with the provisions of section 171 or 172, as the case may be;

(b) that the appeal is frivolous or vexatious; and

(c) that the appellant is desirous of abandoning his appeal and has notified the Master in writing to that effect.

(2.) Subject to the next succeeding sub-rule, the summons shall be served on the appellant.

(3.) If the application is under paragraph (c) of sub-rule (1.) of this rule or if it is impracticable to effect service of the summons on the appellant, the application may, if the Judge thinks fit, be heard ex parte.

(4.) On the hearing of the application, the Judge shall have all the powers of the Supreme Court in relation to the hearing of the appeal (including its power under section 165 to dispense with compliance with any condition precedent to the right of appeal and its power under section 166 to cause the notice or statement of the grounds of appeal to be amended) and may—

(a) give such directions for the hearing of the appeal as may be just; or

(b) dismiss the appeal and make any consequential order as to costs or otherwise.

Service.

9. A summons, notice, order or document, other than a notice of appeal, may be served upon or given to any party to any proceedings under these Rules in the manner prescribed by section 27 or by causing it to be delivered to a solicitor acting for the party in the proceedings.

Documents and exhibits to be transmitted to Supreme Court.

10.—(1.) The documents to be transmitted under section 175 shall include any notes which may have been made by the Justice or Justices or the clerk at the hearing of the case and any record of the findings or reasons of the Justice or Justices.

(2.) The Justice or Justices shall also forward to the Master each exhibit admitted in evidence at the hearing of the case or, if it appears to the Justice or Justices that it would be inconvenient to forward any such exhibit, a statement as to the nature of the exhibit and why it would be inconvenient to forward it.

Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra