Supreme Court Rules (Amendment No 427) 2014 (NSW)

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New South Wales

Supreme Court Rules (Amendment No 427)

2014

under the

Supreme Court Act 1970

The Supreme Court Rule Committee has made the following rules of court under the Supreme

Court Act 1970.

Steven Jupp

Secretary of the Rule Committee

Explanatory note

The object of these Rules is to amend Part 75 (Criminal proceedings) of the Supreme Court Rules 1970 to make provision for the entering of judgments and orders of the Supreme Court.

Supreme Court Rules (Amendment No 427) 2014 [NSW]

Supreme Court Rules (Amendment No 427) 2014

under the

Supreme Court Act 1970

1      Name of Rules

These Rules are the Supreme Court Rules (Amendment No 427) 2014.

2      Commencement

These Rules commence on the day on which they are published on the NSW legislation website.

3 Amendment of Supreme Court Rules 1970

Part 75 Criminal proceedings

Insert after rule 3L:

3M Entry of judgments and orders

(1)

This rule applies in relation to proceedings specified in the Third Schedule to the Act (except clause (d) of that Schedule) and to proceedings to which Division 2 applies.

(2) Any judgment or order of the Court is to be entered as soon as
practicable after it is given or made.

(3)

Unless subrule (4) applies, a judgment or order of the Court is taken to be entered when it is recorded in the Court’s computerised court record system.

Note. The Court’s computerised court record system is JusticeLink.

(4) If a technical problem would prevent the timely entry of a judgment or order in accordance with subrule (3), a judgment or order of the Court is taken to be entered when a record of the judgment or order set out on the indictment for the proceedings, or on or in the appropriate court file, is signed by a Judge giving or making the judgment or order, the Judge’s associate or the registrar.
(5) In this rule:
(a) a reference to a judgment or order of the Court extends to a reference to a sentence, direction or recommendation of the Court, and
(b) a reference to a technical problem is a reference to a technical problem with, or in accessing, the Court’s computerised court record system (for example, if remote electronic access is required to enter a judgment or order on the system and there is a technical problem with computer equipment or internet connection).
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