Supreme Court Rules (Amendment) (ACT)

Supreme Court Rules1 (Amendment)

Subordinate Law No. 17 of 19942

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

Dated 23 May 1994.

jeffrey miles

Chief Justice

j f gallop

Judge

t j higgins

Judge

a g towill

Registrar

Commencement

1.  These Rules commence on 1 June 1994.

Principal Rules

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

Indorsement of notice as to stay of proceedings

3.  Rule 6 of Order 4 of the Principal Rules is amended—

(a)by omitting from paragraph (3) (a) “$505” and substituting “the amount specified for the purposes of this paragraph”;

(b)by omitting from paragraph (4) (a) “$566” and substituting “the amount specified for the purposes of this subrule”; and

(c)by omitting from paragraph (4) (b) “$566” and substituting “the amount specified for the purposes of this subrule”.

Insertion

4.  After rule 6 of Order 4 of the Principal Rules the following rule is inserted:

Specified amounts

“6A.  (1)  For the purposes of paragraph 6 (3) (a), the following amounts are specified:

(a)in relation to a writ issued before 1 June 1994—$505;

(b)in relation to a writ issued on or after 1 June 1994—$614.

“(2)  For the purposes of subrule 6 (4), the following amounts are specified:

(a)in relation to a writ issued before 1 June 1994—$566;

(b)in relation to a writ issued on or after 1 June 1994—$678.”.

Scale of costs

5.  Rule 7 of Order 65 of the Principal Rules is amended—

(a)by omitting from subrule (1) “the Fourth Schedule” and substituting “Schedule 4”;

(b)by omitting from subrule (2) “on or after 1 April 1993” and substituting “during the period commencing on 1 April 1993 and ending on 31 May 1994”; and

(c)by inserting after subrule (2) the following subrule:

“(2A)  In respect of work done and services performed by a solicitor on or after 1 June 1994, a reference in this rule to the costs set out in, or the charges provided for by, Schedule 4 (other than items 36 and 37) is a reference to those costs or charges increased by 7.62%.”.

Rate of payment for copies of documents

6.  Rule 41 of Order 65 of the Principal Rules is amended by omitting “$1.75” and substituting “$1.85”.

NOTES

1. Reprinted as at 31 December 1993.  See also Subordinate Law No. 2, 1994.

2. Notified in the ACT Gazette on 30 May 1994.

©  Australian Capital Territory 1994