Supreme Court Rules (Amendment) (ACT)

Supreme Court Rules1 (Amendment)

Subordinate Law No. 10 of 19962

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

Dated 21 June 1996.

J f gallop

Acting Chief Justice

t j higgins

Judge

a g towill

Registrar

Commencement

1.  These Rules commence on the day on which they are notified in the Gazette.

Principal Rules

2.  In these Rules, “Principal Rules” means the Supreme Court Rules.

Application of Division

3.  Rule 23 of Order 39 of the Principal Rules is amended—

(a)by omitting from subrule (1) “sending” and substituting “issue”; and

(b)by omitting from paragraph (1) (a) “subsection 7V (1) of the Evidence Act 1905 of the Commonwealth” and substituting “subsection 85C (1) or 85D (1) of the Evidence Act 1971 or subsection 7 (1) or 10 (1) of the Foreign Evidence Act 1994 of the Commonwealth”.

Application for order

4.  Rule 24A of Order 39 of the Principal Rules is amended—

(a)by omitting from subrule (5) “subsection 7V (2) of the Evidence Act 1905 of the Commonwealth” and “subsection 7V (2) of the last-mentioned Act” and substituting “subsection 85C (2) of the Evidence Act 1971” and “subsection 85C (1) of that Act”, respectively; and

(b)by omitting from subrule (6) “subsection 7V (2) of the Evidence Act 1905 of the Commonwealth” and substituting “subsection 85C (2) of the Evidence Act 1971”.

Forms of order

5.  Rule 24B of Order 39 of the Principal Rules is amended by omitting from subsection (2) “sending” and substituting “issue”.

Letters of request

6.  Rule 24C of Order 39 of the Principal Rules is amended by omitting from subsection (1) “sending” and substituting “issue”.

Procedure for taking evidence by examination—application of Division 3 rules

7.  Rule 24E of Order 39 of the Principal Rules is amended—

(a)by omitting subrule (2); and

(b)by omitting from subrule (3) “subsection 7V (3) of the Evidence Act 1905 of the Commonwealth” and substituting “subsection 8 (1) of the Foreign Evidence Act 1994 of the Commonwealth”.

First Schedule

8.  The First Schedule to the Principal Rules is amended by omitting from Form 40 “sent” and substituting “issued”.

NOTES

Principal Rules

1. Reprinted as at 31 January 1996.  See also Subordinate Law  No. 4, 1996.

Notification

1. Notified in the ACT Gazette on 28 June 1996.

©  Australian Capital Territory 1996