Supreme Court Rules Amendment 2001 (ACT)

Case

Supreme Court Rules Amendment

Subordinate Law 2001 No 10

We, Judges of the Supreme Court, make the following rules of court under the Supreme Court Act 1933, section 36.

Dated 11 April 2001.

T J HIGGINS

Judge

K J CRISPIN

Judge

M F GRAY

Judge

A G TOWILL

Registrar

Supreme Court Rules Amendment

Subordinate Law 2001 No 10

made under the

Supreme Court Act 1933

  1. Commencement

    These rules commence on 1 May 2001.

  2. Rules amended

    These rules amend the Supreme Court Rules.

    NoteThe rules are amended in the body of the rules and schedule 1.

  3. Order 42A rule 1, table, item 5

    substitute

5 1 July 1993 to 30 April 2001 12% a year
6 on and after 1 May 2001 11% a year

Schedule 1Minor amendments

(see r 2 )

[1.1]Order 1 rule 4, new definition of garnishee

insert

garnishee—see order 46 rule 1 (1).

[1.2]Order 37A rules 2 to 4

omit

rule 9

substitute

rule 1

[1.3]Order 37A rule 3

omit

rule 10

substitute

rule 2

[1.4]Order 42 rule 2 (2)

omit

under rule 3 (b)

[1.5]Order 46 rule 1 (1)

omit

in these rules called

[1.6]Order 52 rule 20 (3)

substitute

  1. Subrule (2) applies whether or not a party is a person with a legal disability.

[1.7]Order 55 rule 20, heading

substitute

  1. Service on corporations etc

[1.8]Order 61A rule 1 (i)

omit

·     order 60, divisions 2 and 3

[1.9]Order 65 rule 21, heading

substitute

  1. Application of div 65.2

[1.10]Order 65 rule 21

omit

set out in this part of this order

substitute

in this division

[1.11]Order 66 rule 9 (b)

substitute

(b)below that line the following information is to be set out:

(i)the name of the party by whom, or on whose behalf, the document is filed;

(ii)if the party is not represented by a solicitor—the address for service of the party and his or her telephone number (if any);

(iii)if the party is represented by a solicitor—

(A)the solicitor’s name, address for service and telephone number; and

(B)if the solicitor is the agent of another solicitor for the proceeding—the name and place of business of the other solicitor.

[1.12]Order 72 rule 15, 1st sentence

number as subrule (1)

[1.13]Order 72 rule 15, 2nd sentence

number as subrule (2)

[1.14]Order 72 rule 15, 3rd sentence

number as subrule (3)

[1.15]Order 72 rule 54 (c)

omit

Wills, Probate and Administration Act 1898 (NSW)

substitute

Administration and Probate Act 1929

[1.16]Part 9, heading

substitute

Part 9Proceedings under Jurisdiction of Courts (Cross-vesting) Act 1993

[1.17]Order 78 rule 2

omit

these rules

substitute

this order

[1.18]Order 78 rule 2, definition of Act

omit

[1.19]Order 78 rule 2, definition of special federal matter

substitute

special federal matter—see the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cwlth), section 3 (1).

[1.20]Order 78 rule 2, new definition of the Act

insert

the Act means the Jurisdiction of Courts (Cross-vesting) Act 1993.

[1.21]Order 78 rule 3 (2)

substitute

  1. A document in a proceeding for relief under the Act must have, above the title, the statement ‘Jurisdiction of Courts (Cross-vesting) Act 1993’.

[1.22]Order 80 rule 9 (6)

omit

, inclusive,

Endnotes

Rules amended

  1. Republished as in force on 16 February 2001 (Republication No 8).

Notification

  1. Notified in Gazette 2001 No 16 on 19 April 2001.

Printed by Authority of the ACT Government Printer
© Australian Capital Territory 2001

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