Supreme Court Rules (Amendment) (ACT)

Supreme Court Rules1 (Amendment)

Subordinate Law No. 21 of 19942

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

Dated 22 June 1994.

Jeffrey Miles

Chief Justice

J f gallop

Judge

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.

Interpretation

3.  Rule 4 of Order 1 of the Principal Rules is amended by omitting from subrule (1) the definition of “Registrar of Companies”.

Direction to Sheriff to levy

4.  Rule 14 of Order 43 of the Principal Rules is amended by omitting from subrule (2) “Registrar of Titles appointed under the Real Property Act 1925-1937,” and substituting “Registrar-General”.

Transcripts and records of proceedings

5.  Rule 15 of Order 60 of the Principal Rules is amended—

(a)by omitting from paragraph (2) (a) “limited for the giving of the notice referred to in subrule 6 (3) of this Order” and substituting “allowed for filing the notice of appeal”; and

(b)by omitting from subrule (3) “praecipe to set down the appeal and to any notice given under subrule 6 (3) of this Order,” and substituting “notice of appeal”.

Interpretation

6.  Rule 2 of Order 61A of the Principal Rules is amended by omitting “subsection 4 (11) of the Motor Traffic Act 1956” and substituting “subsection 4 (1) of the Motor Traffic Act 1936”.

Scale of costs

7.  Rule 7 of Order 65 of the Principal Rules is amended by omitting from subrule (3) “120 or 121” and substituting “190 or 191”.

Writing requirements

8.  Rule 4 of Order 66 of the Principal Rules is amended by omitting subrule (1).

Default in relation to examination under Division 1 of Part 5.9

9.  Rule 82 of Order 75B of the Principal Rules is amended by omitting from subrule (1) “under subrule 81 (17),”.

Interpretation

10.  Rule 1 of Order 81 of the Principal Rules is amended by omitting “of the Australian Capital Territory” from the definition of “Appeals Act”.

First Schedule

11.  The First Schedule to the Principal Rules is amended by inserting in Forms 46, 47 and 48, after the respective notes, the following note:

“Note that if photocopies of documents are produced to the Court in compliance with this subpoena you may elect to have the photocopies returned to you or destroyed by the Court on completion of the matter:

the photocopies should be returned

the photocopies should be destroyed

(please tick appropriate box)”.

Schedule 13

12.  Schedule 13 to the Principal Rules is amended by inserting after item 40 the following item:

“41 section 471B 46 Leave to begin or proceed with a proceeding or enforcement process and imposition of terms”.

NOTES

1. Reprinted as at 31 December 1993.  See also Subordinate Laws Nos. 2, 17 and 20, 1994.

2. Notified in the ACT Gazette on 27 June 1994.

©  Australian Capital Territory 1994