Supreme Court Rules Amendment Order (No. 1) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 44 Supreme Court Act 1921 SUPREME COURT RULES AMENDMENT ORDER (No. 1) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Amended rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of Order 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of Order 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Amendment of Order 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of Order 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Insertion of new Order 65A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ORDER 65A LISTING APPLICATIONS FOR HEARING . . . . . . . . . . . . . 4 8 Amendment of Order 87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Amendment of Order 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Amendment of Schedule 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2 Supreme Court Rules Amendment (No. 1) No. 44, 1993 ˙ Short title 1. This order in council may be cited as the Supreme Court Rules Amendment Order (No. 1) 1993 . ˙ Amended rules 2. The Rules of the Supreme Court are amended as set out in this order. ˙ Amendment of Order 1 3. Order 1 rule 1— insert— ‘ “books” includes any register and any other record of information however compiled, recorded or stored; ’. ˙ Amendment of Order 15 4.(1) Order 15 is amended as set out in this section. (2) Rule 7(1)(b)— omit, insert— ‘ (b) for a debt or liquidated demand with or without interest; ’. (3) Rule 7(1) (after ‘Rule 3’)— insert ‘ or rule 15 ’. (4) Rule 15(b)— omit, insert— ‘ (b) if the plaintiff elects to accept interest at a rate not higher than that specified in a Practice Direction issued from time to time by the Chief Justice in respect of any period mentioned in the Direction, the Registrar has power to award interest in accordance with the Direction (whether or not the defendant has paid the debt or liquidated demand after action brought) and the plaintiff may enter judgment against the defendant in default accordingly; and

3 Supreme Court Rules Amendment (No. 1) No. 44, 1993 (c) if the plaintiff seeks to recover a higher rate of interest than that specified in a Practice Direction mentioned in paragraph (b), the Court or a Judge may determine the interest, if any, that is recoverable and may direct that judgment be entered for the interest (whether or not the defendant has paid the debt or liquidated demand after action brought) and may otherwise direct that judgment be entered as provided by this Order; and (d) if the period for which interest is to be awarded is not specified in the endorsement on the writ, interest must be allowed only from the date of the issue of the writ. ’. ˙ Amendment of Order 22 5. Order 22 (after rule 12)— insert— ‘Particulars of failure to perform a contract to be specified by party alleging failure ‘12A. A party intending to rely on the failure of a person to be or to have been ready, willing and able to perform a contract must— (a) allege the failure as a fact; and (b) give particulars of the failure; in the party’s pleading. ’. ˙ Amendment of Order 31 6.(1) Order 31 is amended as set out in this section. (2) Rule 6(b)— omit, insert— ‘ (b) for a debt or liquidated demand with or without interest; ’. (3) Rule 6 (after ‘Rule 2’)— insert— ‘ or rule 6A ’. (4) Rule 6A(b)—

4 Supreme Court Rules Amendment (No. 1) No. 44, 1993 omit, insert— ‘ (b) if the plaintiff elects to accept interest at a rate not higher than that specified in a Practice Direction issued from time to time by the Chief Justice in respect of any period mentioned in the Direction, the Registrar has power to award interest in accordance with the Direction (whether or not the defendant has paid the debt or liquidated demand after action brought) and the plaintiff may enter final judgment against the defendant in default accordingly; and (c) if the plaintiff seeks to recover a higher rate of interest than that specified in a Practice Direction mentioned in paragraph (b), the Court or a Judge may determine the interest, if any, that is recoverable and may direct that judgment be entered for the interest (whether or not the defendant has paid the debt or liquidated demand after action brought) and may otherwise direct that judgment be entered as provided by this Order; and (d) if the period for which interest is to be awarded is not specified in the statement of claim, interest must be allowed only from the date of the writ. ’. ˙ Insertion of new Order 65A 7. After Order 65— insert— ´ ‘ORDER 65A ‘LISTING APPLICATIONS FOR HEARING ‘Application ‘1. This Order applies to all matters listed for hearing in Chambers, whether before a Judge or by a Master.

5 Supreme Court Rules Amendment (No. 1) No. 44, 1993 ‘List of applications ‘2. On the filing of an application for a determination (whether final or interlocutory) by a Judge or by a Master, the Registrar must— (a) enter it on a list of applications for hearing before a Judge or by a Master according to the date for hearing; and (b) record on that list the estimated hearing time for the matter. ‘Estimate of hearing time ‘3. The party filing the application must endorse on it an estimate of the hearing time for the matter. ‘Adjournments ‘4.(1) If an application to which this Order applies is adjourned to a fixed date, the Registrar, on a request for relisting, must enter it on the appropriate list for the adjourned date. ‘(2) If an application is adjourned to a date to be fixed, a party may request that it be relisted for a particular day. ‘(3) The party who requests the relisting of an adjourned application must give the Registrar a revised estimate of the duration of the hearing unless the revised estimate was given orally to the Judge or Master on the adjournment being granted. ‘(4) When an application is relisted, the Registrar must record the estimated hearing time for the matter on the list. ‘(5) The party who requests the relisting of an adjourned application must give all other parties reasonable notice of the new date of hearing. ‘(6) If all parties consent to an adjournment, they may sign an endorsement to that effect on the court file and the application stands adjourned as if there was an order to that effect. ‘Sequence of listing ‘5.(1) The Registrar must enter an application on the appropriate list immediately on the filing of the application or on the request for a relisting

6 Supreme Court Rules Amendment (No. 1) No. 44, 1993 because of an adjournment. ‘(2) The sequence of listing must not be altered except by an order of the Court. ‘Sequence of hearing ‘6. Unless the Court directs to the contrary at the daily call-over or otherwise, applications must be heard in the sequence in which they appear on the list as published for that day by the Registrar. ’. ˙ Amendment of Order 87 8. Order 87 rule 27— omit . ˙ Amendment of Order 91 9.(1) Order 91 is amended as set out in this section. (2) Rules 40 and 41— omit, insert— ‘Filing Bill of Costs ‘40.(1) An application to the Taxing Officer for costs to be taxed must be made by— (a) delivering the Bill of Costs to the Taxing Officer for an appointment date for directions; and (b) filing the Bill of Costs. ‘(2) The Bill of Costs must be prepared in accordance with rule 47. ‘(3) There must be endorsed on the back of the Bill of Costs a notice for an appointment for direction in Form 512 in Schedule 1. ‘(4) The Taxing Officer may direct the party filing the Bill of Costs to lodge with the Taxing Officer, before the date appointed for directions, any documents in the party’s possession, custody or power that may be of assistance to the Taxing Officer on the appointment for directions or on the taxation.

7 Supreme Court Rules Amendment (No. 1) No. 44, 1993 ‘Service ‘40A.(1) Unless the Taxing Officer otherwise directs, the Bill of Costs must be served not less than 14 days before the date for hearing given in the notice of appointment for directions. ‘(2) Subject to subrule 3, the Taxing Officer must not tax costs unless the Bill of Costs has been served on all persons having an interest in the taxation or on the solicitor acting for any interested person. ‘(3) Service of the Bill of Costs on a person who has not appeared in person or by a solicitor or next friend is not necessary. ‘Appointment for directions ‘41. On the date appointed for directions, the Taxing Officer may give directions with respect to— (a) the persons to be served with the Bill of Costs; and (b) the persons who should attend or be represented on the taxation; and (c) the content or service of any notice of objection; and (d) the date and time of taxation of the Bill of Costs; and (e) any other matter the Taxing Officer considers relevant to, or would assist the Taxing Officer on, the taxation. ‘Objections to Bill of Costs ‘41A.(1) A person on whom a Bill of Costs is served may, by notice, object to any item in the Bill of Costs. ‘(2) A person who intends to object must, in the notice of objection— (a) list each item in the Bill of Costs to which the person objects; and (b) state specifically and concisely the grounds and reasons for the objection to each item. ‘(3) The notice of objection must be filed and served on any other person entitled to be heard on the taxation at least 2 clear days before the date given by the Taxation Officer in the notice of appointment for directions.

8 Supreme Court Rules Amendment (No. 1) No. 44, 1993 ‘(4) If— (a) no objection is made to a Bill of Costs; or (b) either party fails to attend before the Taxing Officer; the Taxing Officer may— (c) allow or disallow the amount of the costs in the Bill of Costs in whole or in part; or (d) take such action regarding the taxation as the Taxing Officer considers appropriate. ’. (3) Rule 46— omit . (4) After rule 77— insert— ‘Costs of taxation ‘77A.(1) Costs to be taxed under these Rules must include the costs of taxation. ‘(2) Costs to be taxed under a judgment or order must, unless otherwise provided, include the costs of taxation. ‘(3) If an offer to settle under rule 89 is made and is not accepted— (a) if the amount allowed by the Taxing Officer before determination of the costs of taxation is equal to, or more than, the amount of the offer—the party liable for the costs must pay the costs of taxation; or (b) if the amount allowed by the Taxing Officer before determination of the costs of taxation is less than the amount of the offer—the party entitled to the costs must pay the costs of taxation; unless the Taxing Officer is satisfied that another order is proper in the circumstances. ‘(4) Subject to this rule and to any order of the Court or a Judge, the Taxing Officer may make orders with respect to the costs of taxation, including the costs of the appointment for directions.

9 Supreme Court Rules Amendment (No. 1) No. 44, 1993 ‘(5) In determining the costs of taxation, the Taxing Officer must take into consideration— (a) whether the taxation has been affected by the neglect or delay of any person attending on the taxation; and (b) whether any person has been put to unnecessary or improper expense by any other person attending on the taxation; and (c) whether, because the case and taxation are of special difficulty and importance and involve questions of principle, it was necessary or proper for counsel to appear on the taxation; and (d) all other relevant circumstances. ‘(6) The Taxing Officer may disallow the costs of attendance on a taxation of any person whose attendance is unnecessary. ’. (5) Rule 89— omit, insert— ‘Offer to settle costs ‘89.(1) A person liable to pay costs may serve an offer to settle on the party entitled to the costs. ‘(2) An offer to settle— (a) must— (i) be in writing; and (ii) include a statement that it is made under this rule; and (iii) be made in respect of the whole of that person’s liability for costs; and (b) may be served— (i) in the case of costs not payable under a judgment or order or otherwise under these Rules—at any time after the liability for costs accrues (but not less than 7 days before the day appointed for directions by the Taxing Officer); or (ii) in any other case—at any time after the judgment or order for costs is made.

10 Supreme Court Rules Amendment (No. 1) No. 44, 1993 ‘(3) An offer to settle— (a) cannot be withdrawn without the leave of the Court or a Judge; and (b) does not lapse because of rejection or failure to be accepted; and (c) expires at the start of taxation of the Bill of Costs to which the offer relates. ‘(4) Except for the purpose of subrule (6), the making of an offer to settle must not be disclosed to the Taxing Officer until the costs of taxation are to be determined. ‘(5) The acceptance of an offer to settle must be in writing. ‘(6) On being satisfied that the offer to settle has been accepted, the Taxing Officer must certify that the costs have been fixed at the amount of the offer. ’. (6) Rule 96— omit . (7) Rule 113— omit . ˙ Amendment of Schedule 1 10. Schedule 1 (after Part 24)— insert—

11 Supreme Court Rules Amendment (No. 1) ‘PART 25 No. 44, 1993 ‘FORMS RELATING TO TAXATION OF COSTS No. 512 (O.91 r.40) Appointment for Directions I appoint the day of 19 at the noon at the Taxing Office Supreme Court regarding the attached Bill of Costs. Dated this day of 19 . o’clock in for directions TAXING OFFICER NOTE: 1 If a person intends to object to any item in the Bill of Costs on the taxation, notice of the objection is required to be filed in the Supreme Court Registry and served on the party delivering the Bill of Costs at least 2 clear days before the above date for directions. (O.91 r.41A). 2 A date and time for taxation of the Bill of Costs will be given by the Taxing Officer on the date appointed for directions. (O.91 r.41). 3 Failure to attend or be represented on the date appointed for directions or on the taxation may mean that the Taxing Officer may allow or disallow the amount of the costs in the Bill of Costs in whole or in part. ’.

12 Supreme Court Rules Amendment (No. 1) No. 44, 1993 ENDNOTES 1. Made by the Governor in Council on 25 February 1993. 2. Notified in the Gazette on 26 February 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Justice and Attorney-General. The State of Queensland 1993