Supreme Court Rules Amendment (ACT)

Supreme Court Rules Amendment

Subordinate Law 2000 No 17

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

Dated 13 March 2000.

jeffrey miles

Chief Justice

jf gallop

Judge

tj higgins

Judge

kj krispin

Judge

ag towill

Registrar

Supreme Court Rules Amendment

Subordinate Law 2000 No 17

made under the

Supreme Court Act 1933

CONTENTS

Rule

1............ Commencement

2............ Rules amended

3............ Interpretation

4............ Corporate information

5............ Identification of relief sought

6............ Statements of claim

7............ Motor vehicle personal injury claims

8............ Payment into court otherwise than by money or bond

9............ May be entire or partial

10............ Authority of registrar

11............ Authority of Master

12............ Repeal

13............ Schedule 1

14............ Schedules 12, 13 and 13A

1. Commencement

   These rules commence on 3 April 2000.

2. Rules amended

   These rules amend the Supreme Court Rules.

3. Interpretation

   Rule 4 of Order 1 is amended—

(a)by omitting from subrule (1) the definition of motor vehicle and substituting the following definition:

“motor vehicle—see the Road Transport (General) Act 1999, dictionary.”; and

(b)by omitting from subrule (1) the definitions of body corporate, company, contributory, corporation, officer and official liquidator; and

(c)by inserting in subrule (1) the following definition:

“motor accident means an accident or other incident in which the death of, or bodily injury to, a person is caused by, or arises out of the use of, a motor vehicle.”.

1. Corporate information

   Rule 5 of Order 2 is amended—

(a)by omitting paragraphs (1) (d) and (e) and substituting the following paragraph:

“(d)if the body is an authorised deposit-taking institution—the address of its registered office;”; and

(b)by omitting subrule (2).

1. Identification of relief sought

   Rule 9 of Order 2 is amended by omitting subrule (9) and substituting the following subrule:

2. If an action includes a claim for damages for a motor accident, a statement under rule 12 must be attached to the originating application.”.

3. Statements of claim

   Rule 10 of Order 2 is amended—

(a)by omitting subparagraph (1) (b) (i) and substituting the following subparagraph:

“(i)a claim for damages for a motor accident; or”; and

(b)by omitting paragraph (2) (a) and substituting the following paragraph:

“(a)a claim for damages for a motor accident;”.

1. Motor vehicle personal injury claims

   Rule 12 of Order 2 is amended by omitting “death or bodily injury arising out of the use of a motor vehicle shall” and substituting “a motor accident must”.

2. Payment into court otherwise than by money or bond

   Rule 1 of Order 26 is amended by omitting paragraph (4) (i) and substituting the following paragraph:

1. an authorised insurer under the Road Transport (General) Act 1999 or the nominal defendant appointed under that Act;”.

1. May be entire or partial

   Rule 1 of Order 30 is amended by omitting subrule (4).

2. Authority of registrar

   Rule 3 of Order 61 is amended—

(a)by omitting from paragraph (b) “subsection 105 (4); and” and substituting “subsection 105 (4).”; and

(b)by omitting paragraph (d) and substituting the following note:

“Note Part 16 of the Corporations Law Rules 2000 deals with the powers of the master in relation to the Corporations Law and the ASC Law.”.

1. Authority of Master

   Rule 1 of Order 61A is amended—

(a)by omitting paragraph (n); and

(b)by adding at the end the following note:

“Note Part 16 of the Corporations Law Rules 2000 deals with the powers of the master in relation to the Corporations Law and the ASC Law.”.

1. Repeal

   Part 6 is repealed.

2. Schedule 1

   Form 19B of Schedule 1 is amended by omitting “the Motor Traffic Act 1936 or that Act as amended (or as the case may be)” and substituting “the Road Transport (General) Act 1999”.

3. Schedules 12, 13 and 13A

   Schedules 12, 13 and 13A are repealed.

Endnotes

Rules amended

1. Republished as in force on 1 February 1999.  See also SL 1999 No 26.

Notification

1. Notified in the Gazette on 23 March 2000.

©  Australian Capital Territory 2000