Supreme Court Rules Amendment Order (No. 2) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 82 Supreme Court Act 1921 SUPREME COURT RULES AMENDMENT ORDER (No. 2) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Amended rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of Order 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

2 Supreme Court Rules Amendment (No. 2) No. 82, 1993 ˙ Short title 1. This order in council may be cited as the Supreme Court Rules Amendment Order (No. 2) 1993 . ˙ Amended rules 2. The Rules of the Supreme Court are amended as set out in this order. ˙ Amendment of Order 85 3. Order 85 (after rule 12)— insert— ‘3. Proceedings in relation to arbitration ‘Definition ‘13. In rules 14 to 18— “the Act” means the Commercial Arbitration Act 1990 . ‘Application ‘14.(1) This rule and rules 15 to 18 apply to— (a) arbitration proceedings in respect of which the Court has jurisdiction under the Act; and (b) proceedings in the Court under the Act. ‘(2) The following rules do not apply to proceedings mentioned in subrule (1)— (a) Order 47 rule 32; (b) Order 62 rule 9; (c) Order 90 rule 10.

3 Supreme Court Rules Amendment (No. 2) No. 82, 1993 ‘Jurisdiction ‘15. The jurisdiction and powers of the court under the Act may be exercised— (a) by a Judge; and (b) except under sections 38 to 45 of the Act, by a Master. ‘Procedure ‘16.(1) An application under the Act or these Rules is to be made by motion. ‘(2) An application for leave under section 33 of the Act to enforce an award as a judgment or order of the Court must— (a) be accompanied by evidence of— (i) the agreement to arbitrate and the award; and (ii) the extent, if any, to which the award has been complied with; and (b) state the name and address of the person against whom it is sought to enforce the award. ‘(3) Unless otherwise ordered— (a) an application for leave to enforce an award need not be served on anyone; and (b) the award may not be enforced for 14 days after service of the order granting leave to enforce it. ‘Time ‘17.(1) An application— (a) for the leave of the Supreme Court under section 38(4)(b) of the Act to appeal on a question of law arising out of an award; or (b) under section 42(1) of the Act to set aside an award; must be filed and served within 21 days after the award is made.

4 Supreme Court Rules Amendment (No. 2) No. 82, 1993 ‘(2) An application under section 39(1) of the Actto determine a question of law must be filed and served within 21 days after the giving of the consent mentioned in that section. ‘Offers to settle ‘18. The provisions of Order 26 apply to an arbitration as if a reference to a Court included a reference to an arbitrator or an umpire. ’. ENDNOTES 1. Made by the Governor in Council on 25 March 1993. 2. Notified in the Gazette on 26 March 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