Supreme Court Rules (Amendment) (Cth)
WE,
Judges appointed under subsection 7 (1) of the
Dated 24 October, 1988.
JEFFREY MILES
Chief Justice
J. KELLY
Judge
J. F. GALLOP
Judge
J. CIRCOSTA
Acting Registrar
—————
“ORDER 61a
MASTER
“1.01 The jurisdiction of the Court that is exercisable in accordance with sub-section 8 (1) of the Act may be exercised by the Master—
(a) in trials (except with a jury) of suits in which damages are claimed in respect of the death of, or bodily injury to, any person or damage to property caused by, involving, or arising out of, the use of a motor vehicle;
(b) in trials (except with a jury) of suits where the only matters in question are the amount of damages and costs;
(c) in trials (except with a jury) of suits where the only matters in question are the value of goods and costs or the amount of damages, the value of goods and costs;
(d) in trials of suits where the only matters in question are interest under section 53a of the Act and costs;
(e) any matter (other than a trial of the whole proceedings, or a matter in proceedings tried or to be tried with a jury) referred to the Master by order of the Court or a Judge;
(f) in trials and hearings of matters which if commenced in the Magistrates Court would have been within the jurisdiction of that Court pursuant to the
Magistrates Court (Civil Jurisdiction) Ordinance 1982; (g) in trials or hearings of suits (except with a jury) where the only matters in question are the possession of land and costs or the possession of land, the amount of damages or other money and costs and the trial or hearing may be dealt with under Order 38, rules 10 and 11;
(h) in any suit in which an order, judgment or direction is sought with the consent of all parties to the suit;
(i) subject to the other paragraphs of this sub-rule, in the hearing and determination of applications under any of the provisions of these Rules except:
Order 6
Order 19, rules 11 and 27
Order 29, rule 5
Orders 36 and 37
Order 39, rules 4, 5, 38, 40 and 42
Orders 45, 47 and 52
Order 53, except in the circumstances described in paragraph (g)
Orders 55, 57, 58, 59, 60 and 61
Order 65, rules 66, 82 and 83
Order 72
(j) in the hearing and determination of applications for an order under section 11 or leave under section 16 of the
Service and Execution of Process Act 1901; (k) in the hearing and determination of applications pursuant to subsection 11 (1) of the
Criminal Injuries Compensation Ordinance 1983; (l) in the hearing and determination of applications arising under the
Foreign Judgments (Reciprocal Enforcement) Ordinance 1954; and(m) in any matter in which the Registrar may exercise the powers of Court under Order 75a, rule 69.
“2.01 In paragraph 1.01 (a) “motor
vehicle” has the same meaning as it has in sub-section 4 (11) of the
“3.01 Paragraph 1.01 (a) does not apply to a suit for damages in respect of the death of or bodily injury to any person where the suit is based upon an act, neglect or default of a defendant for which, if proved, he or she would, as the employer of that person and not otherwise, incur liability to the plaintiff.
“4.01 In any matter in which the jurisdiction of the Court may be exercised by the Master pursuant to a provision of this Order, the Master may exercise the Court’s inherent jurisdiction relating to the matter.
“5.01 The procedure for repeal under paragraph 8aaa (2) (a) of the Act shall be as follows:
(a) The appeal shall be instituted within 5 days after the date of the judgment complained of.
(b) The appeal shall be instituted by the service of notice of appeal on the respondent and the filing of a copy of the notice of appeal.
(c) The notice of appeal shall be in or substantially in accordance with Form 77 of the First Schedule, shall bear the same matter number as the matter in which the judgment appealed from was made and shall be intituled as a document in that matter.
(d) The notice of appeal need not set out grounds of appeal.
(e) Unless otherwise ordered by the Court or a Judge, there shall be at least three clear days between service of the notice of appeal and the hearing of the appeal.
“6.01 The procedure for appeal under paragraph 8aaa (2) (b) of the Act shall be as follows:
(a) The appeal shall be instituted within 21 days after the date of the judgment complained of or such further time as is allowed by the Court or a Judge upon application made at any time.
(b) The appeal shall be instituted by filing a notice of appeal which shall be in or substantially in accordance with Form 78 of the First schedule.
(c) An appellant shall serve on each respondent to the appeal a copy of the notice of appeal as soon as is practicable after it has been filed.
(d) A notice of appeal may, before the date of the appointment given under paragraph 6.01 (e), be amended by filing a supplementary notice of appeal.
(e) An appellant who files a supplementary notice of appeal shall serve a copy of it on all respondents to the appeal as soon as is practicable.
(f) The applicant shall, on filing a notice of appeal, get from the Registrar an appointment to settle the appeal papers, which notice may be subscribed to the notice of appeal, and shall serve notice of the appointment on each person on whom the appeal is served.
(g) At the appointment to settle the appeal papers the Registrar shall give the parties such directions as the Registrar thinks appropriate in relation to the preparation of the appeal papers, including adjourning the appointment.
(h) When the Registrar is satisfied that the appeal is ready for hearing, the Registrar may on his or her own motion or upon the request of a party to the appeal fix the date for the hearing of the appeal.
(i) Paragraphs 6.01 (d) and (e) shall be subject to any direction which may be given by a Judge either on the Judge’s own motion or on the application of a party to the appeal.
“7.01 In appeals to which rule 6.01 applies, each party to the proceedings appealed from who is affected by the relief sought by a notice of appeal or is interested in maintaining the judgment under appeal shall be joined as a party appellant or respondent to the appeal but a person shall not be made an appellant without his or her consent.
“7.02 The Court or a Judge may order the addition or removal of any person as a party appellant or respondent to an appeal.
“8.01 A respondent to an appeal under paragraph 8aaa (2) (b) of the Act who desires to appeal from a part of the judgment or to seek a variation of a part of the judgment, need not institute his or her own appeal but shall within 21 days after service on him or her of the notice of appeal, or within such further time as the Court or a Judge allows, file and serve a notice of cross-appeal on the appellant and any other person affected by the relief which is sought.
“8.02 A notice of cross-appeal shall state what part of the judgment the respondent cross-appeals from or contends should be varied, and shall state briefly, but specifically, the grounds of the cross-appeal and:
(a) the relieve sought in lieu of the judgment appealed from; or
(b) the variation of the judgment sought.
“8.03 If a respondent proposes to contend that some matter of fact or law has been erroneously decided against the respondent but does not seek a discharge or variation of a part of the judgment entered, the respondent need not file a notice of cross-appeal but prior to the date of the appointment given under paragraph 6.01 (f) shall:
(a) give notice to the appellant of the respondent’s contention and of the record of evidence or documents before the Master relevant to the contention; and
(b) file a copy of the notice.
“9.01 An appellant may at any time file and serve a notice of discontinuance of the appeal and upon its being filed the appeal shall be abandoned.
“9.02 A notice of discontinuance filed by an appellant under rule 9, 01 shall not affect any other appellant in the appeal.
“9.03 A party filing a notice of discontinuance under rule 9.01 shall be liable to pay the costs of the other party or parties occasioned by the appeal.
“9.04 A party whose costs are payable under rule 9.03 may tax the costs and, if the costs when taxed are not paid within 14 days after service of the certificate of taxation, may enter judgment for the taxed costs.
“10.01 The institution of an appeal under sub-section 8aaa (2) of the Act does not operate as a stay of proceedings unless the Court, a Judge or Master so orders.
“11.01 Subject to this Order and any order of the Court or a Judge, the provisions of the other Orders of these Rules apply, so far as is practicable, to appeals from judgments of the Master.”.
FORM 77 0.61 A, r.5.01 (d)
(Appeal from Master—interlocutory judgment)
IN THE SUPREME COURT OF
THE AUSTRALIAN CAPITAL No.
TERRITORY
Between: A. B., Plaintiff and C. D., Defendant
NOTICE OF APPEAL
TAKE NOTICE that the (plaintiff, defendant or other party) appeals from the interlocutory judgment of the Master given herein on (specify date).
Dated this day of .
(signed)
Solicitor for the
(Plaintiff, Defendant or other party)
FORM 78 0.61 A, r.6.01 (b)
(Appeal from Master—other than interlocutory judgment)
IN THE SUPREME COURT OF
THE AUSTRALIAN CAPITAL No.
TERRITORY
ON APPEAL FROM THE MASTER
Between:
Appellant
and
Respondent
NOTICE OF APPEAL
1. The appellant appeals from the whole (or if from a part, specify part) of the judgment of the Master given herein on (specify date).
GROUNDS
2.
(specify grounds)
3.
ORDER SOUGHT: (state what judgment or order the appellant seeks in lieu of the judgment appealed from).
Dated this day of .
(signed)
Solicitor for the Appellant
To the respondent:
TAKE NOTICE that the papers in the appeal will be settled by the Registrar at on (time and date to be inserted by the Registrar).
1. Notified in the
Commonwealth of Australia Gazette on 31 October 1988.2. Statutory Rules 1937 No. 85 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1988 No. 24 andsee also
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