Supreme Court Rules Amendment Order (No. 2) 1994 (Qld)

Queensland Subordinate Legislation 1994 No. 27 Supreme Court Act 1921 SUPREME COURT RULES AMENDMENT ORDER (No. 2) 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Amended rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of Order 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 12 Trying of questions in different ways and at different times . . . . . . 2

2 Supreme Court Rules Amendment (No. 2) No. 27, 1994 ˙ Short title 1. This order in council may be cited as the Supreme Court Rules Amendment Order (No. 2) 1994 . ˙ Amended rules 2. The Rules of the Supreme Court are amended as set out in this order. ˙ Amendment of Order 39 3. Order 39, rule 12— omit, insert— ˙ ‘Trying of questions in different ways and at different times ‘12.(1) In this rule— “question” means a question or issue, whether of fact or law, or partly of fact and partly of law, that arises in a proceeding (whether or not the question or issue is raised by the pleadings or by the agreement of the parties to the proceeding). ‘(2) A Judge may at any time make an order providing for— (a) a question to be tried separately; or (b) when, in relation to the rest of the proceeding, a question that is to be tried separately is to be tried; or (c) how a question that is to be tried separately is to be tried; or (d) where a question that is to be tried separately is to be tried; or (e) the amendment of an order made under this subrule. ‘(3) If a question has been tried separately under this rule, a Judge may make an order or give a direction that is appropriate, including for example— (a) dismissing the proceeding, or the whole or a part of a claim for relief that is a part of the proceeding; or (b) giving judgment in the proceeding. ‘(4) However, if an assessment of damages is made, it must be on a final

3 Supreme Court Rules Amendment (No. 2) No. 27, 1994 basis for the proceeding. ‘(5) Except with leave of the Court of Appeal, an appeal does not lie from an order made or a direction given under subrule (3) unless the order or direction disposes of the proceeding. ’. ENDNOTES 1. Made by the Governor in Council on 3 February 1994. 2. Notified in the Gazette on 4 February 1994. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Justice and Attorney-General. © State of Queensland 1994