Supreme Court of the Australian Capital Territory (Amendment) (Cth)

Statutory Rules 1988 No. 1451

Rules of the Supreme Court of The

Australian Capital Territory2(Amendment)

We, Judges appointed under subsection 7 (1) of the Australian Capital Territory Supreme Court Act 1933, hereby make the following Rules of Court under section 28 of that Act.

Dated 15 June 1988.

JEFFREY MILES

Chief Justice

J. KELLY

Judge

J. F. GALLOP

Judge

J. CIRCOSTA

Acting Registrar

_________

Commencement

  These Rules shall come into operation on 1 July 1988.

 After Part 8 of the Rules of the Supreme Court of the Australian Capital Territory the following Part is inserted.

“PART 9—PROCEEDINGS UNDER THE JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987

ORDER 78

Application of Order

 “1. The other Orders of the Rules apply to proceedings referred to in this Order in so far as they are not inconsistent with the rules contained in it.

Interpretation

“2.

In these Rules—

“the Act” means the Jurisdiction of Courts (Cross-vesting) Act 1987 of the Commonwealth.

“cross-vesting law” means any law of the Commonwealth or a State or Territory (including the Act) relating to the cross-vesting of jurisdiction.

“special federal matter” has the same meaning as in the Act.

Applications under the Act

“3.01

An application under the Act shall be made by notice of motion.

“3.02

A document in proceedings for relief under the Act shall bear above the title, the statement “Jurisdiction of Courts (Cross-vesting) Act 1987”.

Applications for transfer of proceedings

“4.01

An application under the Act for the transfer or removal of proceedings shall be heard and determined by a Judge.

“4.02

If an application for the transfer of proceedings is made by the Attorney-General of the Commonwealth or of a State or Territory, the Attorney-General does not, by reason of the application, become a party to the proceedings in respect of which the application is made.

Removal of Proceedings

“5.01 If an order is made for the removal of a proceeding from a court or tribunal to the Supreme Court under section 8 of the Act, the Supreme Court may give any directions that could have been given by the court or tribunal in which the proceeding was pending.

Proceedings in which jurisdiction under cross-vesting laws is or may be invoked

 “6.01 If a party to a proceeding proposes to invoke a jurisdiction arising under a cross-vesting law, or relies on a cross-vesting law in any other way—

• (a)

  the statement of claim or the affidavit accompanying the application or a subsequent pleading (in each instance hereinafter called “the pleading”) shall include a statement of the provision on which the party relies, of the claim in relation to which the party relies on it and of the grounds on which the party relies on it; and

• (b)

  the party must seek directions as soon as practicable on whether the proceeding should be transferred under the Act.

“6.02

If a pleading raises a question involving a special federal matter, the pleading must identify the special federal matter as such and state the grounds on which it is a special federal matter.

“6.03

Proceedings may be served out of the jurisdiction with the leave of the Court if the proceedings include a matter for determination in respect of which jurisdiction under a cross-vesting law may be invoked.

“6.04

Leave will not be granted under rule 6.03 unless the Court is satisfied that the Court may, having regard to the Act, be an appropriate Court to determine the proceedings.

“6.05

Proceedings may be transferred to another Court under the Act notwithstanding that leave to serve the proceedings outside the jurisdiction has been given.

Proceedings transferred under cross-vesting laws

 “7.01 On the transfer of proceedings by the Court under the Act the Registrar shall send to the proper officer of the Court to which the proceedings are transferred all documents filed and orders made in the proceedings.

“7.02

On the transfer of proceedings to the Court under a cross-vesting law the proper officer shall enter and number the documents received in respect of those proceedings in the cause-book, so that the proceedings are distinguished by year of filing and number.

“7.03

On the transfer of proceedings to the Court under a cross-vesting law the plaintiff shall lodge (or if the proceedings are ex parte, the Registrar shall issue) an application for directions as soon as is practicable.

Conduct of Proceedings

 “8.01 If the law of a State or another Territory may be applied under section 11 (1) (b) of the Act in determining a right of action arising under a written law of that State or Territory, the pleading shall identify the right of action and the written law under which it arises.

“8.02

If a party seeks to have rules of evidence and procedure, other than those of the Court, applied under section 11 (1) (c) of the Act in dealing with a matter for determination in the proceeding, the pleading shall include a statement of the relevant rules that the party seeks to have applied.

“8.03

If a party proposes to claim that the law of a State or another Territory should be applied under section 11 (1) (b) of the Act or that rules of evidence and procedure other than those of the Court should be applied under section 11 (1) (c) of the Act—

• (a)

  the party shall seek directions on that matter before the proceedings are set down for trial;

• (b)

  the Court may at any time give directions in relation to such matter of its own motion and may revoke or vary any direction given by it in relation to any such matter.”

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 June 1988.

2. Statutory Rules 1937 No. 85 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 24 and see also